P. VENKATARAMA REDDY, J.

( 1 ) ON the ground of wilful default in payment of rent subsequent to the eviction. petition, the eviction was ordered by both the Courts. Learned Counsel for the petitioner submits that the arrears of rent were received by the landlord even before the eviction petition was filed and, therefore, the eviction petition was not maintainable on that ground as held by both the Courts.

( 2 ) AS regards the default in payment of rents subsequent to the filing of eviction petition, learned Counsel for the petitioner relies on the decision of the Supreme Court in K. A. Ramesh vs. Susheela Bai. Learned counsel for the respondent on the other hand relies on certain decisions of the learned single Judges of this Court for the contrary proposition. the second point is a debatable one. Even then, the wilful default in payment of rents prior to the filing of eviction petition is sufficient to evict the petitioner-tenant. Not doubt, the finding in this regard is against the respondent- landlord. But the fact remains that the arrears of rent were received under protest as seen from Ex. A-1 and within a short time thereafter the landlord filed the eviction petition. Hence, t

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