JUDGMENT :-

V.Gopala Gowda, J.

This appeal is directed against the impugned judgment and order dated 1.7.2005 passed by the High Court of Kerala at Ernakulam in Civil Revision Petition No. 873 of 1997(C) allowing the Civil Revision Petition and rejecting the O.A. No. 230 of 1981, urging various facts and legal contentions.

2. Necessary relevant facts of the case are stated hereunder:-

The appellant herein filed Original Application No. 230 of 1981 before the Land Tribunal, Kottayam claiming to be a deemed tenant under Section 4A of the Kerala Land Reforms Act, 1963 (hereinafter referred to as “the K.L.R. Act”) read with Kerala Land Reforms Tenancy Rules (for short “the Tenancy Rules”) and stating that his uncle had executed a mortgage deed in the year 1909-1910 in favour of the appellant’s mother late Smt. Aley as a collateral security for a sum of 7000 Chakram which was the dowry amount.

3. It is the case of the appellant that his mother has been in possession of the land involved in the case as a mortgagee from the date of execution of the mortgage deed referred to supra and she has been in continuous possession of the same for more than 50 years as on the date of the commencement of