JUDGMENT

RANGANATH MISRA, J.:— This is a tenants appeal by special leave against the order of eviction from a commercial premises at Gudur in Andhra Pradesh. The Controller, the Appellate Authority and the High Court have concurrently found that the appellant was a wilful defaulter liable to be evicted.

2. Under document No.1327 of 1969, a thirty-year lease with an annual stipulated rent was granted in favour of one Narayanan, a partner of the Hotel, for a term of 30 years beginning from 9th of Sept. 1961. For the first 15 years rent was stipulated at the rate of Rs. 150 per month and for the second span of 15 years rent was to be escalated to Rs. 200 per month, and the tenant undertook to pay the rent by the 9th of every succeeding month. The lease deed further stipulated :

"Out of the advance of Rs. 6,500, the second party shall deduct every month Rs. 75 from the stipulated rent up to Rs. 1,500 and the balance of Rs. 5,000 shall be paid back to the second party by the first party under valid receipt after the expiry of the lease period."

Thus, by March, 1971 the amount of Rs. 1,500/- had been adjusted and the landlord held Rs. 5,000/- refundable to the tenant.

3. Action for eviction