ORDER :

1. Leave granted.

2. In this appeal, the landlord has challenged the order of the High Court whereby, setting aside the order of eviction passed by the Rent Control Court upheld in the appeal by the District Judge, the eviction petition has been remitted to the Rent Control Court to examine whether the sale deed in favour of the Appellant is a sham transaction.

3. The Appellant sought eviction of the Respondents/tenants under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, "the Act") on the ground of his bona fide need for own occupation. The premises in question were purchased by the Appellant from its erstwhile owner Ranjith under a registered sale deed dated 30-9-1995. The premises, a shop was let out to one B.K. Muhammed in the year 1958 on a monthly rent of Rs. 25, which was increased to Rs. 45 from 1985. The said tenant (B.K. Muhammed) expired in 1994 and the eviction petition was filed against his legal representatives, (that is Respondents herein and ten others). Only the Respondents herein (one of the two widows and two of the eleven children) contested the eviction petition. The others remained ex parte. It is not in dispute that