T.L. Viswanatha Iyer, J.

1. The tenant of the downstairs portion of a building belonging to the respondent is the petitioner in this revision petition filed under S.20 of the Kerala Buildings (Lease and Rent Control) Act, 1965 (the Act). The respondent who is a Chartered Accountant by profession applied for eviction of the building quoting S.11(3) of the Act as the provision under which the petition is filed. The petition was allowed by the Rent Control Court under S.11 (8) of the Act and eviction ordered, which was affirmed in appeal by the then appellate authority, the Subordinate Judge of Alleppey. The order was however set aside by the revisional court (the District Court) as in its view the appellate authority had not arrived at definite findings "on the important aspects of application of law" namely S.11 (3) and 11(8). The matter was therefore remitted to the appellate authority for reconsideration of the matter after re-appreciation of the entire evidence, in the light of the observations contained in the revisional court's judgment.

2. It so happened that while the matter was pending after the remit, before the Sub Judge as the appellate authority the jurisdiction of th