Thomas J.

A landlady is seeking for an order to evict her tenant from a century old building which was rent out for residential purpose. The ground put forward is that she wants to reconstruct the building for accommodating her son and his family for a separate residence. Rent Control Court and Appellate Authority have upheld her claim and granted the order of eviction. So the tenant has filed this revision.

2) The main contention urged here is that despite its old age the building remains strong even now and it does not indicate any need for demolition and hence the ground envisaged in Sec.11(4)(vi) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') is not available to the landlady. Counsel pleaded for a reconsideration of the decision of this Court in Balagangadhara Menon v. Peter (1984 KLT 845 -1984 KLJ 576). In that decision a Division Bench has overruled the decision in Thanka v. Narayani (1981 KLT 502) rendered by a single Judge. The plea for reconsideration is advanced on the strength of the Supreme Court decision in M/s P. Orr and Sons (P) Ltd., v. Associated Publishers ((1991) 1 SCC 301).

3) We may point out that another Division Benc