PARAMESWARAN PILLAI Vs. VENKITESWARA PRABHU

JUDGEMENT

(1.) This is an appeal with a certificate of leave to appeal granted by a learned Judge of this Court, against the decision in S. A. 328 of 1966. The suit was one for eviction with arrears of rent. The document of tenancy was evidenced by Ext. P1, executed by the 1st defendant. The lease was for industrial and commercial purpose, within the meaning of S.106 of the Kerala Land Reforms Act. The appellant, the 2nd defendant in the suit, was a sublessee of the property, under the 1st defendant. The Trial Court and the lower appellate court concurred in granting a decree for eviction. In Second Appeal, the learned Judge of this Court affirmed the decree and also negatived the contention that the 2nd defendant was entitled to protection under S.106 of the Land Reforms Act 1 of 1964.

(2.) The only contention urged in this appeal before us is that although the 2nd defendant was only a sublessee, he was nevertheless entitled to be protected under S.106 of the Act. S.106 in so far as it is material, reads as follows:

(3.) The decision of the learned Judge was right. We dismiss this appeal with costs.