Koshy, J.

The short question to be decided in this revision petition is whether a petition for eviction under S.11(2) (b) of the Kerala Buildings (Lease and Rent Control) Act (for short 'the act) can be filed by an assignee landlord alleging existence of arrears of rent which fell due prior to the assignment of the building in his favour even if the right to recover such prior arrears of rent was later assigned to him by a separate assignment deed? The present landlord got the property by Ext. Al dated 17.11.1989. It is the case of the petitioners that the tenant/revision petitioner was in arrears of rent from 1.1.1979 till the date of transfer.

By Ext. A2 dated 30.12.1989 the right to recover an amount of Rs. 3,000/- as arrears of rent and interest was also transferred by the erstwhile landlord to the present landlord. Thereafter, the present landlord filed Rent Control Petition under S.11(2) of the Act. It was found by the Rent Control Court that under Ext. Al the present landlord has got the right to recover future rent alone from the date of transfer. By Ext. A2, he obtained the right to recover arrears of rent. But, that will not enable him to maintain an

application