This petition by the defendant No. Inj O.S. No. 173/88 pending in the court of the learned subordinate judge, Palakkad is against the order dated 7-1-1991, on the petitioner's I.A.No.3237/90, whereby the learned subordinate judge held that the question whether Ammukutty Rawther, the father of the plaintiff No.2 was a tenant did not arise in the suit. Therefore, he rejected the aforesaid application in which the petitioner had prayed that the question of tenancy be referred to the Land Tribunal under 8.125(3) of the Kerala Land Reforms Act.

2. Sulekha Umma, the respondent No.l is the plaintiff No. 1. She is the sister of the petitioner/ defendant No.l. The respondent No.2, the husband of respondent No.l is the plaintiff No.2. The respondent No.3 who is a brother of respondent No.2, is the defendant No.2. In this judgment the parties are referred to with reference to their nomenclatures in the suit.

3. Briefly stated facts are these:

In a partition evidenced by deed No.1986/1951, the plaintiff No.1, the defendant No.1 and their mother, since deceased, each received 1/3 share of the lands. Upon the death of the mother in 1970, her 1/3 share devolved upon the plaintiff No.l an