M.N. Chandurkar, C.J.

1. This civil revision petition filed by the tenant is directed against the concurrent finding of both the Courts below that the tenant has committed wilful default in the payment of rent for the period from July, 1979 till the institution of the proceedings for eviction against him. Though initially the petition for eviction was filed on several grounds, we are only concerned with the case with the ground of wilful default.

2. The cases of the tenant was that for the premises in the occupation of the tenant which were originally let out by the original owner at the rate of Rs. 40 per month, the rent came to be increased to Rs. 80 per month in 1974 from Rs. 50 per month which was the rent paid in 1966. The application for eviction was filed some time in 1980 and the allegation was that for a period of one year, the tenant had not paid rent. The tenant's case was that the rent payable was only Rs. 40 per month and he has paid the rent without any default. He claimed that the landlord issued receipts only in 1968 and thereafter the landlord stopped issuing receipts. Rent was paid upto April, 1980, according to the tenant.

3. The Rent Controller accepted the ca