'CR'

SURENDRA MOHAN, J.

The common question that arises for consideration in these revisions is:-

"Whether the availability of another vacant plot of land in the ownership and possession of the landlord would attract the prohibition or the bar contained in the first proviso to Section 11(3) of the Kerala Buildings (Lease and Rent control) Act, 1965?"

2. RCR Nos: 439/05, 440/05 & 441/2005 arises from a common order of the Rent Control Appellate Authority, Thalassery while RCR 206/2009 is filed against the judgment of the Rent Control Appellate Authority, Thalassery in rent control proceedings that relate to a totally different premises where the parties are also different. However, all the revisions are considered together for the reason that, the question of law that has been raised for consideration is common to all the revisions. For the sake of convenience, the parties are referred to as the landlord and tenant.

3. RCR 439/2005, 440/2005 & 441/2005 are three revisions filed by the landlord against concurrent orders passed by the Rent Control Court and confirmed by the Rent Control Appellate Authority declining orders of eviction under Section 11(3) of the Kerala Bui