1. A landlord, in his eagerness to get an order of eviction, spread the net so wide as to have a catch atleast on one of the many grounds set up. Though he failed in the Rent Control Court and Appellate Authority he succeeded in revision before the District Court where the ground urged by him under S.11(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short'the Act') was upheld. The aggrieved tenant has filed this Original Petition under Art.227 of the Constitution. Original

2. The building involved herein is a shop room which the tenant took on rent in 1938 from its previous owner (one Sri. S.M. Ismail Saheb). The present landlord purchased the ownership of this building in 1964. The tenant has another room in his possession which is situated adjacent to the tenanted premises. The next room on the eastern side is in the possession of the land lord himself. There were earlier litigations between the landlord and the tenant. The present litigation started in 1978. Among the several grounds which the landlord took up in the petition filed before the Rent Control Court, the one that survives for consideration is that the tenant used the building in such a