T.V. Ramakrishnan, J.

1. The question referred to us in this case is 'whether the proceedings by way of appeal by the landlords before the Appellate Authority should be taken to be a proceeding for eviction of the tenant for the purpose of S.12 of the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act') and in such proceedings, whether the tenant is entitled to contest unless he pays all arrears of rent admitted by him'.

2. G. Viswanatha Iyer, J. has in a brief judgment categorically held in V.K. Ramaswamy Chettiar v. B. Krishna Arjunan (1979 KLT SN Page71) that the tenant can contest the appeal filed by the landlord before the Appellate Authority without making any deposit of arrears of rent Learned Judge has taken the above view holding that the point has been covered by the decision of the Supreme Court reported in Abdul Hameed Yousuff Sait v. Smt. Kalavathi (1968) II SCWR 618). While referring the matter, Sreedharan, J. (as he then was) doubted the correctness of the decisions of Viswanatha Iyer, J.

3. Brief facts necessary to be noted are thus: Petitioners-landlords of a building let out to the second respondent tenant sought recovery of the building on th