The main legal point established in the judgment is the entitlement of the appellant to the protection under S.106 of Act 1 of 1964 as amended by Act 35 of 1969, based on the evidence presented in the case.

These two appeals arise from two suits in which the subject-matter is almost the same, though different reliefs are claimed for by the parties. S. A. No. 246 of 1973 is from O. S. No. 237 of 1970 on the file of the Munsiff's Court, Quilon; the other appeal is from O. S. No. 199 of 1970 of the same Munsiff's Court. These suits were tried together and disposed of by the learned Munsiff by a common judgment. Against those decrees the appellant in these second appeals filed A. S. Nos. 235 and 237 of 1972 (A. S. No. 237 of 1972 against O. S.199 of 1970 and A. S. No. 235 of 1972 against O. S. No. 237 of 1970). The respondent in S. A. No. 246 of 1973 had filed a cross-objection in A. S. No. 235 of 1972. In one of the suits, namely O. S. No. 199 of 1970, the brother and son of the respondent in S. A. No. 246 of 1973 are made parties as defendants 2 and 3, the first defendant in the suit being the respondent herself. In O. S. No. 237 of 1970 filed by the respondent in S. A. No. 246 of 1973, the appellant alone was the defendant.

2. There is not much dispute in regard to the facts leading to the institution of the suits. In the year 1964 the appellant herein had obtained a lease under Ext. P-l from the respondent herein (parties are referred to in this judgment as they are arrayed in S. A. No. 246 of 1973) to construct a shop building on the foundation which was in existence at the time of the lease in the plaint schedule property which admittedly belonged to the respondent. In terms of Ext. P-l, after a period of five years, the appellant was required to surrender the land with the building therein receiving a sum of Rs. 1000/- by way of compensation. The rent stipulated was Rs.30/-per month.

3. It is the admitted case that on 9-12-1969 the appellant executed Ext. P-2 release and sale deed by which, receiving a consideration of Rs. 1000/- in terms of Ext. P-l, he sold the building, and surrendered the property to the respondent. It may here be noted that there is a dispute as to the quantum of compensation paid to the appellant by the respondent (whether it was Rs. 1000/- only as contended for by the appellant or Rs. 2500/- as contended for by the respondent) and it was the subject-matter of the cross-objection in A. S. No. 235 of 1972, in which the finding is that the consideration paid for the surrender (or sale) was only Rs. 1000/-.

4. The appellant had put forward a case that inspite of Ext. P-2 there was a further lease by which the respondent allowed the appellant to continue in possession of the building as tenant under her on his agreeing to pay rent at an enhanced rate of Rs. 45/- per month and that he had also paid an advance of Rs, 135/- by way of rent for three months. I do not, however, find any reason to disturb this finding entered concurrently by the courts below that the plea of the second lease set up by the appellant had not been substantiated, and was to be rejected.

5. A plea based on a question of law has been raised in this second appeal, and that relates to the protection granted to the tenant under S.106 of the Kerala Land Reforms Act, Act 1 of 1964 as amended by Act 35 of 1969. S.106, as it now stands, reads as follows:

"106. Special provisions relating to leases for commercial or industrial purposes:

(1) Notwithstanding anything contained in this Act or in any other law, or in any contract or in any order or decree of court, where on any land leased for commercial or industrial purpose, the lessee has constructed buildings for such commercial or industrial purpose before the 20th May, 1967, he shall not be liable to be evicted from such land, but shall be liable to pay rent under the contract of tenancy, and such rent shall be liable to be varied every twelve years.

Explanation: For the purposes of this section,

(a) 'lessee' includes a legal representative or an assignee of the lessee; and

(b) 'building' means a permanent or a temporary building and includes a shed.

(1A) The lessor or the lessee may apply to