Subramani, J.

Deceased 1st defendant in O.S.69 of 1980 of the Munsiff s Court, Trivandrum and who was the respondent in A.S.No. 271 of 1983 of the District Court, Trivandrum, is the appellant. Pending appeal she died and the second respondent, i.e. son of the appellant was transposed as additional appellant.

2. This appeal is on a reference by a learned single judge of this court, P. Krishnamoorthy, J.

3. The substantial questions of law which arise for consideration in this appeal are:

(i) Whether the court below is correct in finding that the destruction of the subject matter of the lease will automatically terminate the lease without considering the question of option exercised by the lessee as per S.108(e) of the Transfer of Property Act?

(ii) Alternatively whether the court below is correct in applying the decision of the Hon'ble Court in Sidharthan v. Ratnadasan (1984 KLT 538) and whether it is correctly decided in view of the decision of the Supreme Court in Druv Dev Singh v. Harmondir Singh (A.I.R 1968 SC 1024)?

4. Before considering the question of law which arise, a brief narration of facts is necessary. Deceased first respondent tiled a suit for declaration of titl