The defendant in a suit for partition is in appeal.

2. By virtue of Ext.A1 partition deed, the plaintiff and his brother Parameswaran Nair obtained a portion of a building which is a shop room. The defendant was in occupation of the said shop room as a tenant even before the partition. After the partition, the plaintiff and his brother Parameswaran Nair initiated proceedings under the Kerala Buildings (Lease and Rent Control) Act, 1965 for eviction of the defendant from the said shop room. Though the Rent Control Court allowed the eviction petition, the defendant took up the matter in appeal. During the pendency of the appeal, the defendant purchased the one half undivided share of Parameswaran Nair in the building which was the subject matter of the eviction petition. On the strength of the said purchase, the defendant contended before the appellate authority constituted under the said Act that he became a co- owner of the property and therefore, the eviction petition is not maintainable. The essence of the said contention was that the acquisition of the fractional interest in the building by the defendant has resulted in the determination of the lease in respect of the b