O R D E R

This revision is preferred against the finding of tenancy in E.P.No.90/2001 in O.S.No.273/1985. The suit was one for redemption of a mortgage which had been decreed and a final decree had been passed. The question regarding entitlement to kudikidappu has been raised in that proceedings and the court found that, it can be relegated to the execution proceedings. It has to be stated that all the parties have accepted the said finding rendered by the court in the preliminary decree as well as in the final decree, or in other words, the finding rendered therein has become final. Thereafter the decree holder moved an application for delivery of the property and in that proceedings, the mortgagee raised the contention of kudikidappu right. Kudikidappu right was referred to the Land Tribunal and the Land Tribunal gave a verdict in favour of the judgment debtor/mortgagee and accepting that finding the executing court disposed of the application directing to demarcate the property of kudikidappu. It is against this, the civil revision is preferred.

2. The learned counsel for the revision petitioner at the outset has referred to the decision of the Hon'ble Supreme Court of India repo