The tenant is the revision petitioner. The Rent Controller passed an order of eviction against the tenant on the petition filed by the landlord and that order has been confirmed by the appellate authority. Against that the tenant has filed this civil revision petition.

2. The landlord filed the eviction petition on the ground that the tenant failed to pay rent at the rate of Rs. 150 per mensem from July, 1990 to November, 1990 and this was inspite of a notice issued by the landlord dated 111. 1990 calling upon the tenant to vacate the premises, and therefore there was wilful default in payment of rent.

3. The tenant denied that there was wilful default. He contended that the landlord consented that the tenant could effect repairs to the premises and the amount spent for that could be adjusted towards the rents from July, 1990, and he (tenant) effected repairs to the premises spending a sum of Rs. 1,000. However on receipt of notice from the landlord he sent a demand draft for Rs.750 as rent for five months along with a reply and the landlord has received the same. Hence it is not correct to say that he committed wilful default in payment of rent.

4. The Rent Controller