S. DASARADHA RAMA REDDI, J.

( 1 ) THE petitioner who is the tenant has filed this revision petition against the reversing judgment of the appellate Court. The eviction petition was filed on 13-7-1989 on the grounds of material alteration in the building and wilful default in payment of rents for the period from November, 1988 to March, 1989 at the rate of Rs. 190/- per month. The trial Court has rejected the plea regarding the material alteration in the building. Regarding the default, the learned Rent Controller held that since an advance amount of Rs. 1,000/- is lying with the landlord which represents rent for more than five months, the tenant cannot be said to be a wilful defaulter. Against the dismissal of the eviction petition, the landlord carried the matter in appeal. The finding regarding the material alteration of the building arrived at by the learned Rent controller was upheld by the appellate authority. However, regarding the default, the learned Subordinate Judge held that under Scc. 7 (2) of the A. P. Buildings (Lease, Rent and Eviction) Control Act, (for short the Act) the landlord is entitled to keep one month s rent as advance and hence deducting rs. 190/-, Rs. 810

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