Judgment

S. RATNAVEL PANDIAN, J.

(1) SPECIAL leave granted.

(2) THE unsuccessful appellants herein have preferred this appeal against the judgment of the High court of Kerala dated 6/08/1986 passed in E.S.A. (Execution Second Appeal) No. 15 of 1979 whereby the High court dismissed the said appeal filed by the appellants. The relevant facts giving rise to this appeal are necessary to be recapitulated and they are as follows : Othayoth Gopalan Nambiar (since dead) and Othayoth Lekshmy Amma (who is appellant 1 herein) filed an Execution Application No. , 556 of 1970 in Original Suit No. 817 of 1943 in the court of the Munsiff of Badagara under S. 13-B of the Land Reforms Act, as amended by the Amending Act 35 of 1969 (hereinafter referred to as the Act) for restoration of possession of the properties mentioned in the schedule of the application, which were sold in court auction for arrears of rent in pursuance of the decree made in O.S. No. 817 of 1943. It seems that during the pendency of the proceedings before the Munsiff, Othayoth Gopalan Nambiar died and thereafter appellant 1S son claiming to be the kamavan of the tavazhi got himself impleaded as petit