Sreedharan, J.

This Original Petition has come up before us on a reference made by a learned Single Judge. He doubted the correctness of the decision in Kesava Pittai v. Paulose,1989(2) KLT 416. Therein, it was taken mat even if licence for putting up a building in a particular area is not required from the local authority, the landlord who seeks recovery of the building under S.11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, hereinafter referred to as "the Act", should produce a plan of the building proposed to be constructed. In the absence of a plan, it was held that Rent Control Court cannot direct tenant to put the landlord in possession of the building for the put pose of reconstruction.

2. The short facts necessary for the disposal of this Original Petition are as follows - Petitioner is the owner of a building situated within Kozheneherry Panchayat. She leased it out to respondents 1 and 2 on a monthly rent of Rs. 25/-, as per a lease deed dt.1.10.1974. The building is in a dilapidated condition. Consequently, she filed O. P. (BRC) 15/1976 before the Rent Control Court, Pathanamthitta for recovery of the same on the ground, among others, of re-cons