The court must be satisfied about the existence of statutory grounds for eviction before passing a decree for possession.

1. The petitioner is the tenant-respondent in B. R. C. O. P. No. 36 of 1977 on the file of the Principal Munsiff, Trivandrum. The respondent herein filed B. R. C. O. P. No. 36 of 1977 before the Rent Control Court, (Munsiff), Trivandrum for eviction of the revision petitioner under S.11(2) and 11(3) of the Kerala Buildings, (Lease and Rent Control) Act. The respondent purchased the building some time prior to the above petition. The revision petitioner was a tenant of a room in the upstair portion of the building at the time of the purchase. The respondent contended that he required the above portion for his own occupation for purposes of his income-tax practice and also for the use of his family. There was also a case of arrears of rent. The tenant opposed the petition on the ground that the portion of the building already in occupation of the landlord was sufficient for his use and for the use of his family. He also contended that he was carrying on his business in the building and that it was from the income derived from his business that he was maintaining himself. The respondent let in evidence in proof of his bonafide need. A commission was also taken for reporting about the facilities available in the building. The respondent also adduced evidence to the effect that there were other vacant buildings which might be available to the petitioner for the purpose of his business. The tenant also adduced evidence. Thereafter, the case was posted for final hearing on 4-6-1977. The counsel for the revision petitioner then made an endorsement on the back of the petition that the petitioner was willing to surrender the building within six months. The offer was accepted by the respondent. The Rent Control Court held that the ground alleged in the petition stood proved and accepting the compromise, directed surrender of the building within a period of six months. The petitioner took the matter in appeal before the Sub Judge. Before the Sub Judge, it was contended that the order passed by the Rent Control Court was in contravention of the provisions of S.11 of the Kerala Buildings (Lease and Rent Control) Act. The contention put forward was that before an order of eviction could be passed, the Rent Control Court must satisfy itself that the grounds for eviction contemplated in S.11 of the Act existed. Reliance was placed on the decisions of the Supreme Court in Kaushalya Devi v. K. L. Bansal (AIR. 1970 SC. 838) and Ferozi Lal v. Man Mal (AIR. 1970 SC. 794). The Appellate authority held that the ratio of those decisions had no application to the case before him and confirmed the order for eviction. The above order was concurred to by the District Judge in revision. The present revision petition is filed challenging the correctness of the orders passed by the authorities below.

2. The contention put forward on behalf of the petitioner is that when the Kerala Buildings (Lease and Rent Control) Act laid down conditions under which a tenant of a building could be evicted by a landlord, it is not open to the Rent Control Court to order eviction otherwise than as provided in the Act. In other words, an order for eviction in contravention of the provisions of the Act is null and void. The learned counsel for the petitioner relied on the decisions referred to in the order of the Appellate authority in support of the above position.

3. The case in Ferozi Lal v. Man Mal (AIR. 1970 SC. 794) arose under the Delhi and Ajmer Rent Control Act. Eviction was sought on the ground that there was a sublease which was not permitted under the terms of the lease. Pending trial of the suit for eviction, the parties entered into a compromise. No mention was made in the compromise about the existence or otherwise of the sub-lease. A decree for ejectment was passed on the basis of the compromise. On the refusal of the tenant to act according to the compromise, the landlord took steps for enforcement of the order of eviction. The matter ultimately came