K.J. Joseph,J.

This revision is against the judgment of the Rent Control Appellate Authority, Thiruvanathapuram in R.C.A. No. 4 of 1990 filed against the order of eviction passed by the Rent Control Court, Thiruvananthapuram in R.C.P.No.58 of 1981 under S.11 (2)(b) and 11 (4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

2. Before the Rent Controller. P.W.1 claims to be the owner of the (enanted premises under Ex(.A2 family partition deed dated 19-6-1975 executed between himself and his brother. PW2. Originally. the tenanted premises belonged to PW2 and others. The revision petitioner executed Ext.B9 patta kachit dated 7-12-1957 in favour ofPW2 wherein 5 cents of land specifically slated therein with the fencing and the gate were leased out to the revision petitioner on a monthly rent of Rs.12/- for conducting a timber business. Permission also was given to the revision petitioner to construct temporary sheds for the purpose of his timber business with an undertaking to remove the same at the time of surrender of the property on demand. Thereafter. it is a case of PWs.1 and 2 that the above lease agreement had been terminated on 16-9-1961 as is seen in t