The vacated building under the proviso to Section 11(13) must meet the landlord's requirements without reconstruction or renovation.

( 1 ) APPELLANT is the landlord. Respondent is the tenant. Appellant sought eviction of the tenant on the ground that the premises were required for the bona fide need of the son of the landlord to start his business in those premises. Initially the petition of the landlord was dismissed and even the appellate authority concurred with the Rent Controller. The main reason for arriving at the concurrent findings was that the landlord had not stated in his petition the exact nature of the business which was required to be carried out by his son in the premises in dispute. The High Court on a revision filed by the landlord, remanded the case to the appellate authority for deciding the appeal afresh, keeping in view the bona fide need of the landlord as pleaded of him.

( 2 ) THE appellate authority, after remand, found that the landlord s need to accommodate his son, Jayarajan, for the bona fide need for starting grocery business was established. However, while the matter was pending before the appellate authority, after remand, it appears, that the landlord got vacante possession of another premises situated adjacent to the petition schedule building belonging to him. On this ground, the tenant advanced a plea based on the proviso to Section 11 (13) of the Kerala Buildings (Lease and Rent Control) Act, 1965 before the appellate authority and urged that since another premises was available to the landlord, his genuine need could be met by use of those premises and the ground of bona fide need, to have the tenant, evicted, was no longer available to him. The appellate authority with a view to determine the effect of subsequent development appointed a Commissioner to conduct spot inspection of both the premises to find out if the building which had been vacated during the pendency of the proceedings before the appellant authority, was or was not suitablefor the proposed business of the son of the landlord Jayarajan. The Local Commissioner submitted his report to which both sides filed objections. The appellate authority after taking into account the counter filed by the landlord and the report of the Local Commissioner arrived at the conclusion.

"from the above it looks that the building they got vacated is not constructed as one fit for doing grocery trade- - - hence the room got vacated cannot be an alternative to the rooms in the possession of the tenant. The building got vacated cannot be said to be suitable for the proposed business. "

( 3 ) THE tenant took the matter to the High Court through a revision petition. The D. B. by its order dated 8th March, 1995 allowed the revision petition. The landlord is in appeal by special leave.

( 4 ) THERE is no dispute that during the pendency of the eviction proceedings before the appellant authority another premises belonging to the landlord fell vacant of which he took possession. It is also not disputed that the premises which fell so vacant are adjacent to the premises which are under occupation of the tenant. The appellate authority on a consideration of the material on the record, including the report of the local Commissioner, came to the conclusion that the building which had fallen vacant during the pendency of the proceedings, was not fit for doing grocery trade and, therefore, it could not be said that the said premises were suitable for the proposed business of the son of the landlord. This finding of the fact was negatived by the D. B. by opining that the draw backs found in the premises which had been vacated during the pendency of proceedings before appellant authority

"can easily be remedied by the landlord as the cost of providing such a roof ceiling may not be substantial when he proposes to make a good investment for starting a new grocery shop".

( 5 ) WE are afraid this reasoning does not appeal to us to non-suit the landlord. Requirement of law is that the building which has been vacated should be of such a character which would meet the requirements of the la