1. The short question for decision is whether S.106 of Kerala Act I of 1964 applies to the provisions in Ex. A, the lease arrangement between the parties. The lower appellate court held that S.78 of Kerala Act IV of 1961, the section corresponding to S.106 of Act I of 1964, did not apply. The 2nd defendant - appellant claims that this decision of the lower appellate court is wrong, when the 2nd plaintiff-respondent supports the decision.

2. Ex. A recites that the buildings and the land having an extent of one acre and 78 cents excluding the school and compound thereon and also excluding the bearing coconut and arecanut trees are let out to the tenant for a period of three years on a rent of Rs. 50/- per mensem during the first year and of Rs. 60/-per mensem during the rest of the period. It is further recited that the buildings and the land are intended for residence and for an iron factory. The recital continues that the tenant is entitled to put up sheds on the land for the purpose of his iron factory; and the landlord is entitled to take the usufructs from the coconut and arecanut trees.

3. Under S.3 (1)(iii) leases of land or of buildings or of both specifically grant