Judgment

A.K. Mathur, J.—This appeal is directed against the order passed by the Division Bench of the High Court of Kerala whereby the Division Bench by its order dated 9.11.2001 has affirmed the finding of the appellate court directing eviction of the tenant under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the “Act”) and denying eviction to the landlord under Sections 11(4)(i) and 11(4)(ii) of the Act and dismissed both the revision petitions.

2. Brief facts which are necessary for disposal of this appeal are that the building in question was owned by a joint Hindu family of which Nagjee Amarsee was the senior most member. He had a younger brother, Purushotham Amarsee. Nagjee Amarsee had a son, Jayananthan Amarsee. Purushotham Amarsee had three sons, one of whom died at the age of 20. He had two surviving sons namely, Naranjee and Makeklal. There was a partnership firm consisting of the members of the joint family. The building in question was let out to the firm. The firm was the tenant and later on it was converted into a private limited company. In a partition, the major portion of the building was allotted to the group r