JUDGMENT

K. RAMASWAMY, J.:- This appeal by special leave arises against the order dated November 17,1977 made in C.R.P. No. 2341 of 1977* of the Kerala High Court which granted the decree that the respondent is a tenant under S.4A of the Kerala Land Reforms Act, 1963 (1 of 1964), for short the Act and is not liable to ejectment pursuant to the decree in O.S. No. 6/64 on the file of the Munsif Magistrate, Attingal. The facts relevant are as under:

The appellant is the mortgagor. The respondent is one of the mortgagees/4th defendant. The appellants suit for redemption of the mortgage was decreed on December 23, 1965 (sic). The decree provides payment of Rs. 500/-, and Rs. 943/9.2 towards improvements as a condition for redemption. On appeal, the appellate Court enhanced the improvements by Rs. 256/8.4. In the execution application filed by the appellant the respondent filed another application under the Kerala Compensation for Tenants Improvements Act, 1958 (Act 29 of 1958), for short the Improvements Act claiming a further sum for improvements. Pending application, the appellant deposited on June 21, 1961 the decretal amount including the sum decreed by the appellate Court. Under the