Landlords can adjust the arrears of rent against the advance amount bail by tenant.

1. The tenant who suffered an order of eviction before the authorities below has filed the above revision.

2. The landlords/petitioner filed R.C.O.P. No. 381 of 1981 under Sections 10(2)(i) and 14(1)(b) of the Act 18 of 1960. According to them, the rent was at Rs.220 per month and the tenant respondent paid an advance of Rs. 1,000. The landlords got the property in question by virtue of a registered partition deed dated 111. 1980 entered into between the landlords and their brothers. According to them, the tenant has paid rent irregularly till the end of September, 1980 and failed to pay the subsequent months rent despite the repeated demands made by the landlords through their agents, and the arrears of rent was Rs. 1,760 for the period from October, 1980 to the end of May, 1981. On that basis they came forward with the plea that the tenant had committed wilful default in payment of rent. They also wanted the premises in question for demolition and reconstruction. The tenant contested the eviction petition by filing a detailed counter. The learned Rent Controller, Principal District Munsif, Madurai accepting the case of the landlords ordered eviction on both the grounds. The tenant filed an appeal in R.C.A. No. 145 of 1990 on the file of the learned appellate authority/Principal Sub-Judge, Madurai, who rejected the case of the landlords regarding their requirement under Section 4(1)(b) of the Act, but concurred with the findings of the Rent Controller on the ground of wilful default and found that the tenant had committed default wilfully. Aggrieved against the same the tenant petitioner has filed the above revision.

3. The above eviction petition was filed on the basis that the tenant had defaulted in payment of rent to the tune Rs. 1,760 for the period from October, 1980 to the end of May, 1981. The tenant in his counter in para 6 has stated that up to end of June 1980 the rent was paid to the original owner, M/s. Sivasamy Nadar and Sons and since nobody had turned up to collect the rent for five months from 7. 1980 to 30.11.1980 the tenant had sent the same by cheque to the original owner towards the rent for the said period. The cheque was returned by Sivasamy Nadar and Sons with the covering letter informing that the suit property had fallen to the share of the landlords (respondents herein) as per the terms of the partition deed Ex.A-3. Immediately the tenant sent a cheque for Rs. 1,100 to the respondents with the request to encash the same and credit the same towards the rent payable for five months, namely July to November, 1980. But the respondents returned the cheque stating that they have no bank account and asked the tenant to remit the same by money order. Meanwhile according to the tenant the Corporation officials made a demand to pay the property tax and thereafter the tenant contacted the landlords regarding the payment of tax and as advised by them the tenant sent a money order towards three months rent and retained the balance amount for the purpose of paying the property tax. Thus a sum of Rs.660 was sent by money order towards the rent for July to September, 1980. Thereafter he paid a sum of Rs.975.44 under Ex.B-9, towards property tax, and the balance amount of Rs. 124.56 was sent by money order under Ex.B-10. But the same had been refused to be received by the landlords and so the petitionertenant sent a notice dated 15. 1981 under Ex.B-12 requesting the landlords to specify a bank into which the rent may be deposited. To the said notice, the landlords respondents sent a reply on 6. 1981, marked as Ex.A-33. The rent of Rs.564.56 up to the end of April, 1981 was sent by money order on 15. 1981 which was also refused to be received by the landlords. The tenant filed R.C.O.P. No. 356 of 1981 under Sec. 8(5) of the Act to deposit the rent. On the abovesaid facts the tenant came forward with the plea that he has not committed any default much less wilful default. The Rent Controller disbelieved t