J U D G M E N T

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As per verumapat chit No.974/1955 dated 10.8.1955 executed by the appellant in favour of the predecessor-in-interest of the respondent, suit property was given into the possession of the appellant for constructing shop building and conducting trade therein for a period of 3 years fixing the rent at Rs.24/- per year payable in 12 instalments on the 10th of each calender month. Appellant accordingly constructed shop building and was conducting trade therein. While so, suit property was assigned to the respondent as per assignment deed No.326/1973. In the meantime, S.M.P. No.4396 of 1973 was initiated as if the appellant is a cultivating tenant of the suit property entitled to fixity of tenure and purchase the right of the landlord under the Kerala Land Reforms Act (for short, “the Act”). The Land Tribunal dismissed the application. Appellant unsuccessfully challenged that order in A.A. No.845 of 1977. Appellant refused to vacate the premises as demanded by the respondent. Appellant, in reply to the notice demanding vacant possession contended that he is a commercial lessee entitled to the protection of Sec.106 of the Act. According to the respond