(1.) I am in agreement with the views of both the subordinate courts that in view of the coolycharth agreement, Ext. A1, under which the first defendant was put in possession on a rental basis, he is not entitled to claim the protection conferred upon a protected Ulkudi as defined in S.2 Clause.28 (b) of the Malabar Tenancy Act.
(2.) The appeal fails and is dismissed without costs. No leave.