K. Harilal, J.

1.The revision petitioner is the tenant, who is confronting with an order of eviction passed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (herein after referred to as 'the Act'), in the appeal preferred by the respondents/landlords. (The parties are referred to as in the rent control petition).

2. According to the averments in RCP No.40/2015 of the Rent Control Court, Kottayam, earlier, the petitioners had filed R.C.P No.4/2013, before the Rent Control Court, Kottayam seeking an order fixing fair rent of the petition schedule building, and the Rent Control Court fixed the fair rent on 31.07.2014 @ Rs.4,450/- per month and also ordered that the same shall be enhanced by 10% every three years and the first of such enhancement will be in August 2017. So, the respondent was liable to pay the fair rent at the rate of Rs.4,450/- per month from the date of filing of RCP No.4/2013 ie; on 12.02.2013. But, the respondent committed default in payment of rent and an amount of Rs.70,978/- was outstanding from the respondent, as arrears of rent, as on July 2015. On 15.07.2015, the petitioners issued a registered notice to the respondent in