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