Malimath, CJ.

This writ petition is filed by the tenants challenging the decision of the District Judge of Tellicherry in R.C.R.P.No. 40 of 1988 rendered under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as the Act), which has come before us on a reference made by Justice Chettur Sankaran Nair on the ground that the view expressed by the learned single judge of this Court in the case reported in 1989(2) KLT 549) between Mohammed Kunju v. Rajamma appears to go against the tenor of the decision rendered by a Division Bench of this Court in the case reported in 1975 KLT 542 between C.V. Xavier and others v. Francis Leonard Pappali. The relevant facts necessary for a disposal of this case may briefly be stated as follows:

2. The first respondent is the landlord and the first petitioner and the 2nd respondent are the tenants under him, of the premises in question which is used for non-residential purposes. The landlord made an application for eviction of the tenants on the grounds of arrears of rent, bona fide requirement for personal occupation, subletting and ceasing to occupy the premises. The tenants resisted the application and