1. The landlord who is the respondent in these two Appeals, filed R. C. O. P. No. 207 of 1954 for eviction of the appellant-tenant under the Madras Buildings (Lease & Rent Control) Act, 1949, and continued it, after the enactment of the Kerala Buildings (Lease & Rent Control) Act, 1959, under the latter Act (which will be referred to hereinafter as the Act) as S.33 thereof directed all proceedings, commenced under the Madras Act and pending at its commencement, to be deemed to have been commenced under it and continued subject to its provisions.

2. Under the Act, no tenant is allowed to resist eviction by his landlord unless he be free of arrears of rent. S.12 of the Act provides:

"(1) No tenant against whom an application for eviction has been made by a landlord under S.11, shall be entitled to contest the application before the Rent Control Court under that section, or to prefer, any appeal under S.18 against any order made by the Rent Control Court on the application, unless he has paid or pays to the landlord, or deposits with the Rent Control Court or the appellate authority, as the case may be, all arrears of rent admitted by the tenant to be due in respect of the b