Chitambaresh, J.

1. Is 'functional integrity' a relevant factor apart from 'structural oneness' to decide whether the premises is a part of the building in the context of section 11(8) of the Kerala Buildings (Lease & Rent Control) Act, 1965 ('the Act' for short) ? We have heard Mr.Tom K Thomas, Advocate on behalf of the landlords and Mr.S.P.Chaly, Advocate on behalf of the tenant in extenso on this interesting question. An attempt to settle the dispute amongst the parties harmoniously by reference to the Mediation Centre has proved to be of no avail.

2. The landlord sought eviction of the tenant on the ground of arrears of rent, subsequent acquisition of building and additional accommodation. The arrears of rent were paid during the pendency of the proceedings and therefore the claim under section 11(2) of the Act does not survive. The claim for eviction on the ground of subsequent acquisition under section 11(4)(iii) of the Act has been concurrently turned down by the courts below and is not assailed. But the finding on the ground of additional accommodation under section 11(8) of the Act by the courts below is divergent. The Rent Control Court upheld the claim of the