1. S.A. No. 479 of 1971 is an appeal by defendants 3 and 4. The respondent is the plaintiff in the suit which was for a declaration of the title of the plaintiff to the plaint schedule item 2 building and its site and also for eviction of defendants from the building. The appellants were impleaded in the suit by order dated 10- 61961 on C.M.P. No. 4019 of 1961. The trial court found that the defendants in the suit, four in number, were trespassers. The case of the first appellant that he was a kudikidappukaran was negatived and it was held that the defendants had no right over item 2 building and that they were liable to be evicted. The suit was therefore decreed as prayed for. In appeal the finding that the defendants were trespassers was not even challenged and only one point was urged before the appellate court and this argument was based on the proviso to S.2(25) of Act 1 of 1964 as amended by Act 35 of 1969. S.2(25) of the Kerala Land Reforms Act, 1963 (Act 1 of 1964). for short the Act as amended by Act 35 of 1969 was in these terms:

"2(25) "kudikidappukaran" means a person who has neither a homestead nor any land exceeding in extent three cents in any city or majo