1. The defendants in O. S. No. 51 of 1969 of the IInd Additional Sub Judge's Court, Trivandrum are the appellants and the plaintiff therein is the respondent The respondent instituted a suit to set aside the order dated 31-5-1968, Ex. A8 passed in execution in O.S. 134 of 1952 of the same court on an application moved by the respondent to remove the obstruction of the appellants to the delivery of the property pursuant to the decree therein. That suit was one for partition and in the final decree the plaint items here as well as a larger extent of land had been allocated to the plaintiff decree-holder therein and the respondent herein is the assignee of that decree.

2. Two of the prayers in the present plaint were that it should be declared that the appellants were not kudikidappukars under the Kerala Land Reforms Act 1963 and that it should be held that the property scheduled to the plaint is liable to be recovered in execution of the decree in O.S. No 134 of 1952. The plaint property has been described as part of the property allotted to the plaintiff in O. S. No. 1:4 of 1952 in which buildings T C. 11/640 and 11/641 are situate and 10 cents of land including the site