1. The petitioner before me is the decree-holder in O. S. No. 1073 of 1974 on the file of the 2nd Additional Munsiff's Court, Trivandrum. The respondent is the judgment-debtor. The suit from which this revision arises was laid for redemption of a mortgage executed by the petitioner in favour of the respondent on 14 3 1969. This document is marked as Ext Al in the suit. The petitioner himself obtained this property under a mortgage deed dated 7 91951. The sub mortgage in question was for a consideration of Rs. 2000/-. The suit was resisted on the plea that the defendant was a kudikidappukaran within the meaning of Explanation IV to S.2 (25) of the Kerala Land Reforms Act, 1969 (Act 35 of 1969), for short, the Act. At the trial stage the question raised by the defendant was referred to the concerned Land Tribunal The Land Tribunal, wrongly returned the records observing that the question of kudikidappu claimed under Explanation IV to S.2 (25) of the Act arose only at the time of redemption. The. trial court thereafter proceeded with the suit and passed a decree as prayed for The decree was put in execution when again the same plea was raised by the respondent, upon which