JUDGMENT

K. Venkataswami, J.-This appeal by special leave is preferred against the judgment of the Kerala High Court dated 3.10.1991 in O.P. No. 1486/87-B. The first respondent herein (landlord) filed R.C.P. No. 170/79 under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act (hereinafter called the Act ) seeking eviction of the appellant herein from the premises in question on the grounds that the appellant wilfully defaulted in payment of rents and the premises was required bona fide for use by the said respondent-landlord. It was alleged in the petition that another premises under the occupation of the landlord, namely, T.C. 13/1412, was under immediate threat of acquisition for implementing the Palayam Town Planning Scheme.

2. The appellant-tenant resisted the petition for eviction alleging, inter alia, that the application was mala fide one and there was no default in payment of rents. It was also stated by the appellant-tenant that the landlord (first respondent herein), on an earlier occasion, had moved a similar application against his elder brother knowing fully well that the appellant was the tenant. After a full trial, accepting the case of the appellant s