ORDER

1. The appellant is a tenant. Action was laid for his ejectment under Section 10(2)(i) of the Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 15 of 1960, for short the Act, for his committing wilful default in the payment of the rent from August 1973 to January 1974. A notice was issued on February 22, 1974. Thereafter, the appellant tendered the rent, but the respondent refused to receive the same and procedure under Section 8 of the Act was resorted to. Thereafter the landlord received the rent under protest. All the courts including the High Court had concurrently found that the appellant committed wilful default in the payment of the rent and thus a decree for ejectment was passed. Thus these appeals by special leave.

2. Shri Ram Kumar, learned counsel for the appellant has contended that in view of the law laid down by this Court in S.P. Deshmukh v. Shah Nihal Chand Waghajibai Gujarati (1977) 3 SCC 515 and in Rashik Lal v. Shah Gokuldas (1989) 1 SCC 542: (1989) 1 SCR 439 and Mangalbhai v. Dr Radheyshyam (1992) 3 SCC 448 and in Swami Ratanbabu v. Wamanrao Shankarrao Deshmukh 1994 Supp (3) SCC 738 there arose a contract to the contrary that the landlord was