O R D E R

Pius C.Kuriakose, J.

Under challenge in this revision petition filed by one of the legal heirs of the deceased tenant one George Mathew is the judgment of the Rent Control Appellate Authority dismissing the rent control appeal preferred by the original tenant against the order of eviction passed on the ground under sub section (3) of Section 11 on the reason that the appeal is preferred by a dead person. The learned Appellate Authority noticed under the impugned judgment that the tenant, who had purportedly preferred the rent control appeal had passed away as early as on

2/4/2010 and that the RCA was filed on 19/5/2010.

2. The ground raised by the revision petitioner, son of the appellant in the RCA, is that it is he who has been in physical occupation of the building and doing business as an auto consultant and that it was under a bona fide belief that the original tenant was alive and the appeal was preferred on the basis of instructions imparted, at the time when the Rent RCR.No.267/2011 2 Control Court passed the eviction order.

3. We have heard Sri. Santhan V.Nair, learned counsel for the revision petitioner and also Sri. N.C.Joseph, learned counsel for the landlords/resp