Pius C. Kuriakose, J.

The landlord is the revision petitioner. Parties will be referred to as the landlord and the tenant respectively. Eviction was sought for on the grounds of arrears of rent [Section 11(2)(b)], bona fide own occupation {Section 11(3) and cessation of occupation {Section 11(4)(v)} of the rent Control Act. The Rent Control Court did not grant eviction on the ground of arrears of rent since before the commencement of trial, the tenant discharged the entire arrears as claimed by the landlord. That court did not grant eviction under Section 11(3) either. The only ground which survives is Section 11(4)(v) on which the Rent Control Court ordered eviction. That order was set aside by the Appellate Authority necessitating the present revision.

2. We need refer to the pleadings so far as they pertain to the ground under Section 11(4)(v) only. The allegation was that 1½ years prior to the institution of the R.C.P. which was filed on 24.9.1991, the tenant ceased to occupy the building without reasonable cause. The tenant answered those allegations by contending that he never ceased to occupy the building; that he who used to conduct grocery business originally is