JUDGMENT

R.C. Lahoti, J.-The tenant is in appeal, by special leave, feeling aggrieved by the judgment of the High Court holding the tenant liable to be evicted from the suit premises on the ground available to the landlord-respondents under Section 10(2)(i) of A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter the Act , for short). The said provision entitles a landlord to evict the tenant on the latter s failure to pay or tender the rent within the specified number of days on its becoming due. The proviso appended to sub-section (2) provides for the Controller allowing the tenant a reasonable period of time not exceeding fifteen days to pay or tender the rent due by him to the landlord calculated up to the date of such payment or tender, and upon such payment or tender being made the prayer for eviction may be refused if the Controller is satisfied that the tenant s default to pay or tender the rent was not wilful. It is conceded at the Bar that the tenant shall incur the liability for eviction only on a finding arrived at by the Controller of wilful default on the part of the tenant.

2. This litigation has a history of around thirty years broken into three ro