Sreedharan J.

This is a petition filed under Art.227 of the Constitution. Petitioner is a tenant of shop rooms bearing door Nos.KP8/573 and 574 of Kumbala Panchayat owned by the first respondent. According to him, he took the shop rooms on a monthly rent of Rs. 10/- in the year 1950. While so, first respondent filed RCP No. 17/86 before the second respondent - the Rent Controller for recovery of the building as per the provisions contained in Section 11(2),11(3),11(4)(ii) and 11(4)(iv) of Kerala Buildings (Lease and Rent Control) Act here-in-after referred to as the Act. On receipt of notice from the Rent Control Court, petitioner- the tenant filed Ext. P2 written statement of defence. He disputed the claim of the landlord that the rent is in arrears, that the landlord required the building bonafide for his own occupation, that the tenant is using the building in such a manner as to destroy or reduce its value or utility permanently and that the building needs reconstruction. The case stood posted in the special list for trial to 23-11-1988. When the matter came up for trial on that day, petitioner's counsel reported no instruction. Consequently, the Rent Control' Court