K. Harilal, J.

(1). Does the pendency of a Civil Suit, seeking a decree for realisation of the arrears of rent or the existence of a decree for the same, preclude the Landlord from instituting a Rent Control Petition, seeking an order of eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, on the ground of arrears of rent, of the same period.

(2). Is it obligatory on the part of the tenant to identify and point out the vacant buildings in the possession of the Landlord, for giving special reason, for not occupying that building by the Landlord .

These are the questions that emerge for consideration in this Revision Petition.

2. The Revision Petitioner is the tenant in R.C.P.No.9/2012 of the Rent Control Court, Cherthala. The said Rent Control Petition was filed against him by the respondent herein, under S.11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as ‘the Act’), seeking an order of eviction. (The parties are referred to as in the Rent Control Petition).

3. According to the petitioner, the rent was in arrears from 20.07.2005. Though he had sent statutory notice demanding payment of arrears,