Harilal, J.

1. The respondent filed R.C.P.7/2014 seeking an order of eviction under Section 11(4)(iii) and 11(4)(v) of the Kerala Buildings (Lease & Rend Control) Act (for short, the Act) against the revision petitioner herein. Subsequently he has given up the claim under Section 11(4)(iii) and the Rent Control Court proceeded with the claim under Section 11(4)(v) only. The parties are referred to as in the Rent Control Petition. The Rent Control Court passed an order dismissing the Rent Control Petition on a finding that the petitioner failed to discharge initial burden of proof under Section 11(4)(v) of the Act. In appeal, the appellate authority revised the said finding and allowed the appeal on a finding that the petitioner had successfully proved the cessation of occupation for more than six months and thereby discharged his initial burden; but the respondent failed to rebut the evidence adduced by the petitioner. Thus the legality and propriety of the divergent findings under Section 11(4)(v) have come in revision.

2. Heard the learned counsel for the revision petitioner and the learned counsel for the respondent.

3. The landlord-tenant relationship was not disputed. A