ORDER:-This is a very unfortunate case. Though the Rent Controller gave an order for eviction on the ground that the tenant defaulted in the payment of two months rent, yet he did not correctly bear in mind the principles governing such circumstances. Factually, he found that the landlady accepted rents though sent in lump sums and without regard to regularity as provided for in the statute. But he would conclude that that circumstance by itself cannot be misunderstood as a permanent condonation of such irregularity on the part of the tenant. The Appellate Authority after finding once again that the delayed money orders sent , by the tenant were accepted by the landlady without a demur also expressed the view that a conclusion that a tenant in such circumstances should be characterised as a person who has committed wilful default is not an automatic one and that should again be weighed in juxtaposition to the circumstances of each case. He, therefore, allowed the appeal and dismissed the landlady’s petition. This was revised by the learned District Judge, Madurai as a re visional Court which jurisdiction was then available to the District Court under the Madras Buildings (Lease and

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