1. This revision petition by defendants 12 and 13 in the suit is against the dismissal of their application under S.25 (3) of the Malabar Tenancy (Amendment) Act, 1954 for an amendment of the decree for possession passed against them. Their claim is that they are entitled to fixity of tenure under S.43 of the Malabar Tenancy Act, 1929 as that Act now stands. This provision was first introduced by the Malabar Tenancy (Amendment) Act, 1951, and the case of the petitioners is that had the Malabar Tenancy Act, 1929 as amended by the amending Acts of 1951 and 1954 been in force at the time, no decree for possession would have been passed against them.

2. The decree in question was passed on 4-7-1951, before the amending Act of 1951 came into force on 23-10-1951. It was a decree for the redemption of a usufructuary mortgage held by the 1st defendant, and for possession of the land mortgaged, as against the 1st defendant and others, like the present petitioners, holding portions of the land under tee 1st defendant. There were the usual directions regarding the payment of the mortgage money and value of improvements and the apportionment of these sums between the several persons