1980 Supreme(AP) 340

Andhra Pradesh High Court
Judges : GANGADHARA RAO
Sunkara Venkateswarlu - Appellant
Versus
Kurmala Sri Krishna Murthy lia. Vasudeva Rao - Respondent
C.R.P. 2626/80
Decided On : 12-19-80
Advocates Appeared :
Mr. M. Chandra Sekhara Rao,Mr. C. V. N. Sastri

Headnote:AP Buildings (Lease Rent and eviction) Control Act, 1960 Sec 8 (2) and sub - Sec 4 wilful default of tenant whether procedure under Sec 8 is not mandatory - distinction between default and wilful default

       HELD: The procedure prescribed by or the Consecutive steps mentioned in Sec 8 of the Act are not mandatory and it cannot be stated as a rule of law that whenever the procedure or steps mentioned there in are not followed it must be concluded that the tenant is guilty of wilful default Even thoughts the procedure under See, 8 is not followed there may be other Circumstances which negative the inference of wilful default It is not merely sufficient if there is default It should be wilful default