Landlord in R.C.O.P.No.8 of 1985 on the file of Rent Controller, Madurai are the revision petitioners.

2. According to landlord, tenants are liable to be evicted on the ground that they have committed in payment of rent from July, 1983 to November, 1984 i.e., for the period of 17 months and have committed wilful default in paying the rent. Rent arrears comes to Rs.6,800 as on November, 1984. It is also said that they have already moved an application for fixation of fair rent and Rent Controller has fixed the same at Rs.1,290. The appeal filed by tenant was dismissed and it is said that C.R.P. taken against that order also was dismissed by confirming the decision of appellate authority on 4. 1987. But in this case, we are not concerned about the fixation of fair rent. Eviction petition is filed only on the ground that the tenant has defaulted in paying rent at the rate of Rs.400 per month, which is agreed rent.

.3. Material averments in the eviction petition also will have to be considered before further proceeding into the matter. There had been earlier proceedings between parties. Landlord filed an application for eviction as R.C.O.P.No.160 of 1979 on the ground that