1. The respondent filed O. P. No. 47 of 1973 before the Munsiff's Court, Kottarakkara for redemption of a mortgage under S.11 of Kerala Act 11 of 1970. The revision petitioner contended that he was a tenant in respect of the land. He filed I. A. 1891 of 1974 under S.125 (3) of the Kerala Land Reforms Act requesting the Court to refer the question of tenancy to the Land Tribunal. The revision petitioner had also filed O. A.16 of 1974 before the Land Tribunal, Chadayamangalam under S.72-B of the Land Reforms Act for purchase of the landlord's right. The Land Tribunal allowed the petition; but the appellate authority reversed the finding The order of the appellate authority was upheld by this Court in C. R. P. 2471 of 1976. When I. A. 1891 of 1974 came up for bearing, the respondent contended that in view of the order in CRP. 2471 of 1976, there was no necessity to refer the matter again to the Land Tribunal as the said order was resjudicata. The objection was upheld. The above decision is challenged in the revision petition.

2. The Division Bench of this Court which beard the revision petition was for upholding the order of the Munsiff as it was in conformity with the deci