JUDGMENT :

K. BABU, J.

1. The Punjab National Bank, the defendant in O.S. No. 639/2008 on the file of the I-Additional Munsiff’s Court, Thrissur, is the appellant. The plaintiff is the respondent.

2. Material facts relevant for the adjudication of this appeal are as follows:

2.1 The plaint schedule property is a building originally owned by the Nedungadi Bank Ltd. which was leased out to the plaintiff. The Nedungadi Bank Ltd. amalgamated and merged with the defendant Bank. On 21.01.2008, the defendant Bank issued a notice to the plaintiff asking him to vacate the premises. The plaintiff responded to the notice stating that he shall not be evicted except in accordance with the provisions of the Rent Control Act. The plaintiff instituted the suit to restrain the defendant from evicting him from the plaint schedule property except in accordance with the provisions of the Rent Control Act.

2.2 The defendant resisted the claim contending that by virtue of the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (for short ‘the Public Premises Act’) the plaintiff has no unfettered right to occupy the premises. The defendant Bank is a nationalized bank and is contro