1. The appellant is the plaintiff who, on the basis of an assignment of the jenmi's rights to him as per Ext. P3 dated 4-5-1945, sued on 12-10-1945 for redemption of a kanom Ext. P1 dated 15-5-1929. The suit having been decreed by the trial court on 17-1-1946, the plaintiff reduced the property to his physical possession in 1946 itself.

2. The defendant had appealed against the decree of the trial court and by the time it came up for disposal before the learned Subordinate Judge, the Malabar Tenancy (Amendment) Act VII of 1954 came into force introducing a provision:

"Section 25. No suit for eviction of a kanamdar shall lie at the instance of his landlord except in the following grounds:

............................................................ Provided further that-............................................................

(iii) no person whose right to evict arises under an instrument or transfer inter vivos shall be entitled to sue for eviction on the ground specified in clause (4) or clause (5) until the expiry of two years from the date of the instrument.

' ............................................................

It was further enacted therein that all suits, a