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1997 Supreme(SC) 228

S.SAGHIR AHMAD, K.RAMASWAMY
P. Sriramamurthy – Appellant
Versus
Vasantha Raman – Respondent


ORDER

This appeal by special leave arises from the judgment of the Madras High Court, made on 6.1.1995 in C.R.P. No. 404 of 1993.

2. The appellant is the tenant and the respondent is the landlady. Admittedly, a lease for 11 months was executed on 18.2.1988 at a rent in a sum of Rs.2,800/- per month. Notice was given on June 13, 1988 on the ground that the appellant had committed wilful default in the payment of the rent for three months. Reply thereto was given on June 20, 1988 denying the allegations. By the time, the petition came to be filed by the respondent, the default came to be for six months. As a consequence, O.A. No. 2709/88 was filed for eviction of the respondent under Sections 10(2)(i) and 10(ii)(b) of Tamil Nadu Building Lease and Rent Control Act, 1960. The Rent Controller ordered eviction on the ground of wilful default and also for using the premises for purpose other than for which it was let out. On appeal, it was reversed. But in the revision, the High Court held that the appellant has committed wilful default in the payment of the rent. Thus, it confirmed the order of eviction passed by the Rent Controller.

3. The question is : whether the appellant has committed



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