Gopalan Nambiyar, C.J.

1. This appeal arises in execution proceedings and discloses a prolonged and protracted litigation arising out of a suit filed in 1118 M.E. (1943). The appellant before us is the legal representative of the original defendant in the suit and the respondents are the legal representatives of the plaintiff decree holder. The suit was for recovery of possession of the plaint property on payment of the value of improvements on the strength of a lease, Ext. P-4 dated 15th Medam 1103. It was decreed on 10th March 1951. The first E.P., for recovery was filed on 30th November 1953. Eviction was refused by order dated 13th October 1954, presumably because the defendant pleaded that he was entitled to protection under the Travancore Cochin Act VIII of 1950 which had by then been passed into law. A.S. 22 of 1955 was filed by the decree-holder, which resulted in setting aside the order of the execution court and a remand back to that court for fresh disposal. By way of objection to the execution, the defendant pleaded in C.M.P. No. 540 of 1954, claiming that he was entitled, as a tenant, to the benefits of the Travancore Cochin Act 8 of 1950; and the decree-holder