Judgment

MITTER, J.:- This is an appeal by special leave from a judgment and decree of the Kerala High Court dismissing a petition under Section 115 of the Code of Civil Procedure from an order of the District Judge of Kottayam.

2. The facts are as follows. The appellant before us was a monthly tenant of four houses covered by a single tenancy at a rent of Rs. 250/- granted in 1953. The landlord filed a petition in the Rent Control Court of Kottayam for eviction of the tenant on the ground that he required the premises for his personal use and occupation, and secondly, that the tenant was guilty of sub-letting and as such not entitled to protection under the Kerala Buildings (Lease and Rent Control) Act, 1959. The Controller held against the landlord on both the points. On appeal being preferred therefrom, the Subordinate Judge held that there was no sub-letting by the tenant but the landlord required the premises for his personal use and occupation. He however found that two of the buildings formed the subject-matter of separate and independent agreements between the parties and as such allowed eviction of the tenants from two only out of the four properties. Both parties went in re