1. The plaintiffs are the revision petitioners.

2. The suit is for recovery of the plaint schedule property with arrears of rent. The pleadings disclose that the plaint schedule property with a house, cinema hall and the land appurtenant thereto was let out to the respondent on 15-10-1967 on a rental of Rs. 300/- per month. The property sought to be recovered is more particularly described in 'B' schedule. B schedule property forms part of 'A' schedule property. The first defendant in his written statement has inter alia, contended-which alone is relevant for the purpose of considering the dispute in the revision petition-that be is entitled to the benefit of S.106 KLR. Act. In support of this plea he has stated in the written statement thus:

"He was holding a portion of the plaint schedule property under a lease executed in 1948. The remaining portion is held under different transaction, a lease deed of the year 1962. A cinema shed was constructed in that portion of the property which is the subject matter of the lease of 1962, prior to the relevant date i.e. 28th May, 1967".

3. The question whether the lease in question partakes of the character of a lease within the me