1. The question in this appeal is whether Ex. A-1 dated March 26,1900 and Ex. B-1 dated March 27,1900 were kanam-kuzhikanam transactions, or whether they created usufructuary mortgages. The appellants sued for redemption and recovery of the suit lands alleging that Exs. A-1 and B-1 created usufructuary mortgages. The respondents claimed that they were kanam-kuzhikanamdars and entitled to fixity of tenure under S.21 read with S.3(15) of the Malabar Tenancy Act, 1929 (Madras Act 14 of 1930). The trial Court upheld the respondents' contention and dismissed the suit. On appeal, the Kerala High Court affirmed this decree. The appellants now appeal to this Court by special leave. During the pendency of this appeal, the Kerala Land Reforms Act, 1963 (Act 1 of 1964) came into force. It is common case before us that the appeal must be disposed of in accordance with the provisions of Act 1 of 1964. In this appeal, the respondents claim that they are the holders of kanam-kuzhikanam within the meaning of S.2 (23) of this Act.

2. S.13 of Act 1 of 1964 gives to every tenant fixity of tenure in respect of his holding and forbids resumption of the holding except as provided in S.14 to 2