1. The appellant is the first defendant in a suit for declaration of title and recovery of possession with arrears of rent. The suit was decreed and the decree was confirmed in appeal.

2. The appellant (the "defendant") was the respondent in an by the present respondent (the "plaintiff under S.11 of the Kerala Buildings (Lease & Rent Control) Act, 1965 (the "Rent Control Act"). The application was resisted by the defendant on the ground that he disputed the title of the plaintiff. The Rent Control Court held that the plaintiff was entitled to establish his title by means of a suit as mentioned in the second proviso to S.11(1). A suit was accordingly filed by the plaintiff claiming recovery of possession on the basis of title in respect of items 1 and 2 of the plaint schedule together with arrears of rent. In decreeing the suit the learned Munsiff directed the plaintiff to approach the Rent Control Court for relief under S.11 of the Rent Control Act. Against that decree an appeal was filed by the defendant and a cross-appeal by the plaintiff It was contended by the plaintiff that the direction to approach the Rent Control Court for relief under S.11 was unsustainable as t