The following substantial question of law is framed for a decision in this second appeal drawn from the judgment and decree of the Sub Court, Tirur in A.S. No. 28 of 2009:

"When the area where a building is situate was originally part of a panchayat which was notified under Sec.1(3) of the Kerala Building (Lease and rent control) Act, (for short, 'the Act'), whether by the subsequent deletion of that area from that panchayat and its inclusion in another panchayat which is not so notified, the Act would not be applicable to that area and the civil court would have jurisdiction to entertain a suit for eviction of a tenant of that building?

2. The respondent/landlord filed RCP No. 17 of 2005 in the Rent Control Court, Ponnani on 19.06.2005 under Secs: 11(2)(b), 11(3), 11(4)(i) and 11(4)(v) of the Act for eviction of the appellant from the shop room situated in Keezhumuri Desom. That area then formed part of the Tavanur Panchayat. On the strength of a notification issued by the Government based on a request from the Tavanur Panchayat, the Act had been made applicable to the areas within that Panchayat. On 31-07-2006 the Rent Control Court passed an order allowing eviction onl