Koshy, J.

Can a legatee under the will claim the status of a tenant if he is also one of the legal heirs, can a heir of the statutory tenant claim all the benefits entitled to the statutory tenants, what are the effect of subsequent events in a rent control petition under the Kerala Buildings (Lease and Rent Control) Act (for short ‘the Act’) etc. are some of the questions to be decided in this case. Before dealing with the above issues, we may, briefly, narrate the facts. R.C.P. No. 103 of 1986 was filed by the first respondent herein seeking eviction of the petition schedule building contending that no rent was paid from October, 1965, and therefore, tenant is liable to be evicted under section 11 (2) (b) of the Act. It was also contended that first respondent herein was employed in Saudi Arabia and his future in Saudi Arabia was uncertain. Since his employment would be terminated at any time, he wanted to start a garment business in the petition schedule building. He had necessary funds for starting the business and he had no other building for starting the said business. Hence, he sought eviction under section 11 (3) of the Act. The rent control petition was allowed under section 11(2) (b) on the ground of arrears of rent by order dated 26-6-1987. But, no order of eviction was granted under section 11 (3). In R.C.A. No. 223 of 1989 the rent control appellate authority confirmed the order. During the pendency of the appeal petition, landlord returned from Saudi Arabia as his services were terminated. He came back permanently to settle down in Kannur. In the affidavit filed before the appellate authority, the landlord affirmed as follows:

“My service has already been terminated by the company with effect from 29-2-86. Pursuant to the termination of my service, I have returned to India on 13-11-87. The period of my passport is over and I am not holding any passport now. Since I have returned from Jiddah in 1987 I am residing in Cannanore. My visa is cancelled and the period of my passport is over and I have not applied for renewal of the passport. I have decided to spent my life in Cannanore itself. To prove that my service has been terminated I am producing herewith the certificate issued by Administrative Manager, Saddik Mohammed Attar Co. I am also producing my passport which will show that the period of passport is over, In page 10 of the passport it will be seen that my resident permit is cancelled. It is written in Arabic.”

The appellate authority did not consider that affidavit also. An I.A. was filed before the appellate authority producing documents to show that he returned permanently from Saudi Arabia.

2. A revision application was filed as C.R.P. No. 529 of 1992. During the pendency of the revision application, original tenant died and his widow as well as his children (heirs) were impleaded. This court remanded the matter back. While remanding the matter, a Division Bench of this court observed as follows:

“9. The circumstances of the situation have left this to be done by us in this proceedings unfortunately after a period of six years thereafter. In our judgment the petitioner landlord deserves this by way of an opportunity to speak for himself with regard to his bonafide need of the situation. There is yet another aspect for which also the situation requires a fresh look altogether. In both the judgments we find that the authorities having dealt with the situation in accordance with all the necessary provisions of section 11(3) of the Rent Control Act, in accordance with the pleadings of the parties in regard thereto. We find that what has been considered is only the question of bonafide and that too erroneously as we have observed hereinbefore.”

It was further observed as follows:

“……………….. The proceedings stand remitted as R.C.P. No. 103/86 to the court of the Rent Controller, Cannanore, for decision according to law, afresh in view of the above observations, with regard to the ground of eviction.”

Both