P.K. Balasubramanyan, J.

The legal representatives of the plaintiff in a suit for redemption of a transaction dated, 27.11.1121 M.E. are the appellants. The said transaction was described as 'Ottiyum Kuzhikanavum'. It was executed in favour of the first defendant in the suit. The first defendant assigned his rights to the second defendant. The plaintiff obtained an assignment of the equity of redemption and filed a suit O.S.637 of 1970 for redemption and recovery of possession. The first respondent original transferee remained ex-parte. The second defendant assignee from the first defendant filed a written statement. Copy of the written statement is not exhibited in the present suit. By Ext. B5 judgment the suit O.S.637 of 1970 was dismissed by the trial court with the following judgment:

"Issues framed. The suit is based upon a Otti and Kuzhikanam of 1113.Otti Kuzhikanamdars are en titled to fixity of tenure under Act 1 of 1964 as amended by Act 35 of .1969 and the suit ought not to have been entertained and as it has been entertained and as it is not maintainable in law it is to be dismissed. The suit dismissed. No costs".

The issues framed in that suit are also not exh