JUDGMENT :

This Regular Second Appeal is filed by the plaintiff, challenging the concurrent dismissal of his suit for a declaration that, Ext.A9 order passed by the defendant-Kerala State Housing Board, is illegal. The issue involved relates to, rent payable for the tenanted premises.

2. The plaintiff was the lessee of the first defendant-Housing Board (hereinafter referred to as, “the Board”), in respect of a room in the shopping complex belonging to the Board. Ext.A1 is the lease agreement dated 02.05.1983 executed in the said regard. The period of lease was for one year from 02.05.1983. Ext.A1 lease deed contained a clause enabling renewal of the lease on an enhanced rent of 10%. According to the plaintiff, on the expiry of the original term of one year, he continued as a lessee by payment of the original rent, without renewal of the lease. Ext.A3 preliminary order was issued by the Board to the plaintiff under Section 85(1) of the Kerala State Housing Board Act, 1971, (hereinafter referred to as, “the Act”), requiring to vacate the leased premises consequent on arrears of rent. According to the plaintiff, though the provisional order was objected to and was pending consideration,