1. The petitioner is the defendant in O.S. No. 18 of 1961, Sub Court, Kottayam, which is a suit, instituted 21 years ago and re-numbered on transfer to the present Court, for redemption of a mortgage. The relative instrument is styled an "Otti Adharam" (deed of possessory mortgage). Admittedly, his contention that the transaction is of an irredeemable nature has been overruled by the trial Court which found it to be a redeemable mortgage only, and that finding has been affirmed by the High Court which remitted the suit just for assessment of compensation for improvements payable to the petitioner. As the Kerala Land Reforms Act, 1963 (Act I of 1964) came into force, he moved an application before the Land Tribunal "for a declaration that the petitioner's holding is a 'Kanom' entitling him to fixity of tenure under

S.13 of the Act", and another application, I.A. No. 986 of 1965 in O.S. No. 18 of 1961, before the Subordinate Judge "for stay of the Commissioner's proceedings" to assess compensation for his improvements. It is the dismissal of the latter application that is sought to be revised here.

2.Counsel relied on S.12 and 13 of the Kerala Land Reforms Act, 1963. S.13