L. Manoharan, J.

1. The first counter petitioner tenant in R. C. P. No. 15 of 1979 is the revision petitioner. The first respondent who was the petitioner in the said R C. P. instituted the proceedings under S.11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short 'the Act') for eviction. Trial court allowed eviction under S.11(2)(b) and refused the prayer under S.11(3) of the Act. First respondent preferred R. C. A. No. 5/1983 before the Appellate Authority, the Subordinate Judge. The appeal was allowed. Revision petitioner tenant filed revision before the District Judge; that was dismissed. Against the order of the District Judge the revision petitioner filed revision under S.115 C. P. C. before this court as C. R. P. No. 1719 of 1985-G. One of us (Kalliath, J.) allowed the revision set aside the order of the District Judge and remanded the matter to the trial court.

2. After remand PW 2 was examined and Exts. C1 and C2 were marked on the first respondent's side; and the revision petitioner - tenant was examined as CPW 1. Rent Controller dismissed the petition. Against the said dismissal the first respondent preferred R. C. A. No. 40 of 1989 b