1The defendant in OS No. 45 of 1980 of the Munsiff's Court, Neyyattinkara, challenges in this revision, the order of that Court dated 16-8-1980 declining to refer the question of tenancy raised by him in the suit to the Land Tribunal for decision, under S.125(3) of the Kerala Land Reforms Act .

2 The suit is for redemption of a mortgage and for recovery of possession of property. One of the contentions raised by the defendant is that he is a tenant entitled to fixity of tenure. Issue 2 in the suit is whether the defendant is a tenant entitled to fixity of tenure under the provisions of the Kerala Land Reforms Act . The lower court has declined to refer the issue to the concerned Land Tribunal under S.125(3) of the Land Reforms Act, on its view that the question regarding tenancy claimed by the defendant does not arise for consideration for the reason that a competent Land Tribunal has already found that the defendant is not a tenant. The finding of the Land Tribunal referred to in the order of the Munsiff was in a prior proceeding in OP No. 13 of 1971 filed by the 1st petitioner for redemption of the mortgage in accordance with the provisions of S.11 of Kerala 11 Act of 1970. The

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