Judgment

S.C. AGRAWAL, J.:- Special leave granted.

2. This appeal filed by the landlord arises out of a petition filed under Ss. 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act) for the eviction of the respondent from the building situate in the city of Cochin.

3. The building in question was let out to the respondent by the father of the appellant on May 1, 1972 and he has been carrying on hotel business on the same. The said building stands on a portion of 13 cents of land owner by the appellant. The appellant was employed with Bharat Gold Mines Ltd. and was due to retire on September 30, 1981. Prior to his retirement, the appellant filed the eviction petition before the Rent Controller, Ernakulam on January 15, 1981 wherein the appellant pleaded that after his retirement from service, he wanted to settle down in Cochin and except the building in question, he has no other house to reside and that the said building was required by him bona fide for his occupation. It was also pleaded by the appellant that the respondent was using the property in such a manner as to materially and permanently reduce its value, utility