P.S. Gopinathan, J.

1. The building scheduled in RCP 123/97 on the file of the Rent Controller (Munsif), Thalassery is belonging to the revision Petitioner. By Ext. Al kychit dated 07/02/1984, the building was let out to the Respondent for a monthly rent of Rs. 40. It was subsequently enhanced to Rs. 70. While so, the revision Petitioner filed the petition before the Rent Controller seeking an order of eviction u/s 11(4)(ii) and Section 11(4)(v) of the Kerala Building (Lease and Rent Control) Act, 1965, hereinafter referred to as the "Act". It was alleged that the Respondent ceased to occupy the petition schedule building and it was kept closed for about two years and that since it was kept closed, there is every chance of attack by white ants thereby damaging the building. So, according to the revision Petitioner, the Respondent was using the building in such a manner so as to reduce its value and utility materially and permanently.

2. Petition was objected by the Respondent. Both count of allegation were denied by the Respondent and contended that the building was used for storing the spare parts of the bus and no damage was caused at all. Neither is there any cessation t