JUDGMENT :

1. Additional defendants 9 to 13 in O.S.No.419 of 1994 on the file of the Munsiff’s Court, Karunagappally are the appellants. The plaintiff and the other defendants are the respondents. The suit relates to the redemption of a mortgage dated 18.8.1096 M.E. in respect of 1 acre 31 cents of land. The redemption was claimed in respect of 96 cents of land. The plaintiff instituted the suit in 1962. A preliminary decree was passed in the suit on 17.2.1964 by the Munsiff’s Court, Adoor. The preliminary decree was challenged in A.S.No.265 of 1965 before the Sub Court Pathanamthitta. On 19.8.1966 the appeal was partly allowed modifying the preliminary decree. The matter came in appeal in S.A.No.92 of 1967 before this Court. In the second appeal decree for redemption was granted.

2. On 25.1.1973 final decree was passed allowing the plaintiff to recover possession of 96 cents of land. The final decree was challenged in A.S.No.60 of 1973 before the Sub Court, Pathanamthitta. The matter was remanded to the trial Court as per judgment dated 13.10.1974 for considering the question whether the contesting defendants are entitled to fixity of tenure as provided in Section 4A(1)(c) of the