Judgment :-

R.M. Lodha, J.

Leave granted.

2. The short question that falls for consideration in this appeal by special leave is: whether the High Court was justified in dismissing the miscellaneous petition filed by the applicant for extension of time in depositing the arrears of rent?

3. Bereft of unnecessary details, suffice it to say that in the petition filed by the respondent (landlord) under section 10(2)(1) of the Tamil Nadu Buildings (Lease and Control) Act, 1960 (for short , `Act 1960) seeking eviction of the appellant (tenant) on the ground of wilful default by not paying rent from March 1, 1997 till June 30, 2001 at the rate of Rs.400/- per, an ex-parte order of eviction against the appellant was passed by the Rent Controller, Salem on April 7, 2004.

4. The tenant filed a petition before the Rent Controller, Salem, on April 19, 2004, for setting aside the ex- parte order of eviction. He stated in the petition that the original rent control petition was posted on April 7, 2004 for cross-examination of the landlord but as he (tenant) was unwell and could not appear before the court and instruct his counsel for cross-examination, an ex-parte order came to be passed against h