1. The landlords are the revision petitioners. They applied in the court of the Rent Controller at Calicut for eviction of the respondent from the shop building rented out to him for a monthly rent. The petition was filed under S.11(4) of Act 16 of 1959 now replaced by the Kerala Buildings (Lease and Rent Control) Act Act 2 of 1965 (shortly stated the Act); (arrears of rent and bonafide requirement for own occupation were also put forward by the landlord as grounds for eviction; but they have been found against by both the Controller and the appellate authority; the ground falling under S.11 (4) (ii) alone was pressed). The ground under S.11 (4) was also found against by the Controller; but on appeal, the learned Subordinate judge reversed that finding and ordered eviction, on the ground that the tenant used the building in such a manner as to destroy or reduce its value materially and permanently. But in revision the learned District judge has reversed the judgment of the appellate authority and dismissed the petition. Before the District judge mainly two contentions were raised by the tenant and they are:

.(i) that the tenancy has not been terminated by a notice under