V. CHITAMBARESH, J.

1. The sharers are still languishing in Courts without obtaining possession of the property allotted to them under a decree for partition in a suit filed more than half a century ago.

2. O.S. No. 37 of 1957 on the file of the court of the Subordinate Judge of Vadakara is a suit for partition wherein a preliminary decree was passed on 30.11.1962 followed by a final decree on 20.11.1971. The revision petitioners are the legal heirs of defendants 2, 13, 24 and 34 in the suit who filed E.P. No. 28 of 1982 for obtaining delivery of the items of property allotted to them. Delivery of possession was sought in respect of plots A and D in Item No. 3, plots A, B and C in Item No. 14 and plots A and C in Item No. 94 of the decree scheduled property. Defendants 47, 73 and 74 resisted the same contending that they are deemed tenants under Section 7B of the Kerala Land Reforms Act, 1963 (the Act for short). The Execution Court initially held that such a plea cannot be considered in execution which was challenged in C.R.P. Nos. 1925, 1928, 1929, 1942 and 1968 of 1986. This Court by order dated 16.2.1989 therein held that the availability of the plea of deemed tenancy