1. The defendants in a suit for recovery of property are the revision petitioners. Issues 2,3 and 6 settled in the suit have been disposed of by the order under challenge. Those issues are:

2. Whether the defendants are tenants as defined under the Kerala Land Reforms Act having fixity of tenure?

3. Whether suit is liable to be stayed under S.125 (3) of Act 1/64 for a decision on the right of defendants as tenants in the plaint schedule property?

6. Whether the defendants are entitled to protection under S.106 of the K. L. R. Act?

2. The petitioners in the written statement have raised a contention that they are tenants entitled to fixity of tenure. They have further contended that the sub lease in their favour "is entitled to protection from eviction as provided for under Act I of 1964 as amended by Act 35 of 1969". The summing up in the written statement in this regard reads:-

"....It is absolutely incorrect to say that the lease in favour of the 1st defendant was mainly of buildings with land appurtenant to it and that the lease was specifically for commercial purposes. As a matter of fact the lease was in respect of the vacant land alone and the 1st defendant had been su