(1.) Revision petitioner is the landlord in R.C.P. 3/87. Eviction was sought under S.11 (2)(b), 11 (3), 11 (4)(v) and 11 (8) of the Kerala Buildings (Lease & Rent) Control Act.
(2.) Rent Control Court rejected the petition on the ground that the same was hit by S.15 of Kerala Buildings (Lease and Rent Control) Act. With regard to the payment of arrears of rent the matter was independently considered and Rent Controller took the view that the tenant had not defaulted payment of rent. Aggrieved by the said order appeal was preferred by landlord as R.C.A. 205 of 1989. Before the Appellate Authority the only ground for eviction canvassed by the counsel for the landlords is under S.11 (3) of Act 2/65. Appellate Authority also concerned with the finding of Rent Controller and dismissed the appeal. Aggrieved by the same landlord has come up in revision.
(3.) The only question that has come up for consideration in this case is as to whether R.C.P. 3.87 preferred by the landlord is hit by S.15 of the Kerala Buildings (Lease & Rent) Control Act. S.15 of the Act reads as follows: