M. Sasidharan Nambiar, J.

1. Appellant is the tenant and respondent in R.C.P. 104/2006 before Rent Control Court, Ernakulam. Respondents are the landlords petitioners. Petition Schedule building, admittedly, obtained on rent by the petitioner from Suresh on monthly rent. Suresh admittedly died on 18.1.2004. First respondent is the widow and other respondents, their children. The fact that on the death of Suresh, his rights devolved on respondents as his legal heirs was not disputed. Respondents instituted the R.C.P claiming an order of eviction under S. 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act (Act 2 of 1965). An order of eviction under S. 11(2)(h) was claimed contending that monthly rent payable from2000 is ? 13,800/- per month. It was contended that petitioner defaulted to pay the rent from 10.12.2005 and in spite of notice demanding the arrears of rent, sent on 6.1.2006, rent was not paid. Petitioner resisted the R.C.P. contending that the respondents have no title to the building. It was based on the contention that the building does not belong to Suresh but to Sankunni Vaidyan, though fact that the building was obtained from Suresh was admitt