P.R. Raman, J.

The tenant in a Rent Control Eviction Petition, who is the revision petitioner and who is directed to put the landlord in possession of the tenanted premises, further stopping the proceedings due to the non payment of the rent during the pendency of the appeal, is challenging the order passed under Section 12(3) of the Kerala Building Lease and Rent Control Act, 1965, by the Appellate Authority in RCA 11/2009.

2. The respondent herein applied for an order of eviction invoking Section 11(3) of the Act on the ground of 'bonafide need'. That application is still pending and contested by the revision petitioner herein. The revision petitioner in course of the proceedings, pending before the Rent Control Court, raised a dispute of title to the landlord by filing I.A.122/2009 in RCP 53/2008. The Rent Control Court by its order dated 27th January, 2009, after adjudication, held that the denial of title of the landlord/petitioner in RCP 53/2008 is not bonafide. Challenging the said order, the tenant filed RCA 11/2009. The appeal was filed on 21.02.2009. In that appeal, the respondent/landlord filed I.A.2312/2009 under Section 12 of the Act seeking a direction to t