P.A. Mohammed, J.

1. In this writ petition, the landlord of a non residential building challenges Ext. P5 order passed by the second respondent - Accommodation Controller under S.17(2) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short the Act). Third respondent is the tenant of the building. He filed Ext. P1 petition before the second respondent alleging that the writ petitioner landlord failed to make periodical maintenance and repairs of the building let out to him on rental basis. The landlord filed Ext. P2 objection wherein it was contended that damage to the building was caused by the tenant and maintenance sought to be done would not come within the scope of periodical maintenance and necessary repairs of the building, in which case Ext. P1 petition itself was not maintainable. However, the Accommodation Controller by Ext. P3 order directed the landlord to make immediate arrangements to effects repairs of the building. It was in that circumstance the present writ petition was filed by the landlord.

2. After admitting the writ petition this court in C. M. P. No. 8857 of 1990 passed the following interim order.

''Both sides may file estimates of the cos