JUDGMENT

B.N. Agrawal, J.-Leave granted.

2. The judgment impugned in this appeal has been passed by Kerala High Court in a Second Appeal whereby the same has been allowed, appellate decree, upholding that of the trial Court dismissing the suit, set aside and the suit has been decreed.

3. The short facts are that the appellant-Corporation, which was established by an Act promulgated by Kerala Legislature, owned a building constructed by it in the year 1972 and immediately after construction the plaintiff-respondent was put in its occupation as a licensee on payment of licence fee at the rate of Rs. 4325/- per month wherein he was running a lodging house as well as a restaurant. As the plaintiff-respondent defaulted in making payment of licence fee, the licence was terminated on 1.3.1989 whereafter the plaintiff s continuance in occupation of the building in question became unauthorised leading to issuance of a notice by the Estate Officer under Section 4 of the Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 (hereinafter referred to as the Act ) which was duly served upon the plaintiff-respondent, requiring him to show-cause as to why an order of eviction be not