(1) THIS appeal by special leave arises from the judgment of the division bench of the Kerala High court in AS No. 45 of 1975, dated 1/2/1984.

(2) THE respondents laid the suit before the Principal Subordinate Judge, Trivandrum for possession on the ground that the appellant had surrendered his tenancy rights and, thereafter, trespassed into the land, thereby he is in illegal possession. It is the case of the appellant that he never surrendered the land and he continued to be the tenant and that therefore, the respondents are not entitled to the possession of the land. Since there was a controversy as regards the tenancy, by operation of Section 125 of the Kerala Land Reforms Act, 1964 (1 of 1964 (for short, the Act), the Civil court referred the matter to the Land tribunal. After the filing of the suit but, before the reference was made, the appellant filed an application under Section 72-B of the Act for permission to purchase the respondents interest in the land as an occupancy tenant. The tribunal held that the appellant was a tenant and consequently permission was granted to him to purchase the land. Since the reference was made, the finding was returned to the