Balakrishnan, J.

1. The short but important question that arises for consideration in this revision filed by the tenant, who suffered an order of eviction under Sections 11(2)(b) and 11(3) of Kerala Act 2 of 1965 (for short 'the Act') is whether 'gumpty shop' which is the subject matter of the petition for eviction is a 'building' as defined under Section 2(1) of the Act.

2. The landlord filed petition for eviction under Sections 11 (2)(b), 11(3) and 11(4)(iii) of the Act. The claim made under Section 11(4)(iii) of the Act was disallowed by the Rent Control Court. It was not pursued thereafter. The Rent Control Court ordered eviction under Section 11(2)(b) and 11(3) of the Act. The appeal filed by the tenant was dismissed.

3. The case of the landlord who is the respondent in this revision is that the 'gumpty' shop (which is almost like a bunk) described in the petition schedule was originally leased out to the father of the revision petitioner by the predecessor-in-interest of the respondent in August, 1990 with a stipulation to pay Rs.50/- as monthly rent. After the respondent/landlord purchased the whole property, a fresh lease deed (kychit) was executed on 2.2.1996