1. The principal question raised in this appeal is whether the appellant who took a lease of an item of property pending a suit for partition of a Marumakkathayam tarwad from one of the parties to that suit is entitled to the benefits of Act 1 of 1964, the Kerala Land Reforms Act, and Act 29 of 1958, the Kerala Compensation for Tenants Improvements Act.

2. Stated in its barest essentials the position which the facts disclose is as follows: The suit for partition was filed in the year 1102 M.E The preliminary decree was passed on 2nd Vrischigam 1108 M.E. corresponding to 12th December 1932. The 43rd defendant, a member of the tarwad, leased out in 1113 M.E an item of property covered by the decree schedule and in his possession to the appellant who was not a party to the suit. A commission was issued pursuant to the preliminary decree. Accepting the report, Ext. IX, of the commissioner, the property in dispute was allotted by the final decree which was passed on 28th February 1958 to the share of the deceased 1st defendant whose heirs are respondents 1 to 4 in this appeal. The final decree provided that if in respect of any items it had been found in Ext. IX that improvem