The tenant's failure to pay rent regularly during pending eviction proceedings amounted to wilful default, justifying the eviction order.

Challenging the concurrent findings of Rent Control Authorities, ordering eviction on the ground of wilful default, Tenant has preferred this revision.

2. Case of the Respondents/landlords is that they have purchased the tenanted premises from one Lufia Beevi on 02.02.2001 and notice of attornment was issued to the Tenants. Tenancy is for non-residential purpose on a monthly rent of Rs.650/-. Respondents had obtained an Order of eviction for default period from December, 2000 to October, 2001. For subsequent period of default in paying rent from November, 2001 to December 2001, Respondents have filed eviction Petition under Section 10(2)(i) of Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, [for short, the Act].

3. Tenant resisted the Petition contending that rent is only Rs.625/- and not Rs.650/-and there is no default, much less, wilful default.

4. Parties adduced oral and documentary evidence. In consideration of evidence both Courts found that rent is Rs.625/-. Finding that no satisfactory explanation for nonpayment of rent is given and faulting Tenant for not approaching the Court to deposit rent to establish his bonafide, Rent Controller ordered eviction on the ground of wilful default. Appeal preferred by the Tenant was also dismissed confirming the findings of Rent Controller that the rent payable is Rs.650/-. Appellate Authority observed that when eviction was ordered in earlier RCOP, without expecting demand of rent by landlord, Tenant ought to have paid the rent.

5. Challenging the concurrent findings and placing reliance upon a number of decisions, learned Counsel for the Petitioner/Tenant interalia raised the following contentions:-

"Even before filing of Eviction Petition, arrears of rent was paid on 03.02.2003 and landlords have received rent without any protest and there is no wilful default;

"Without invoking Sec.11(4) of the Act, Eviction Petition filed for subsequent period of default is not in accordance with the provisions.

6. Countering the arguments, the learned Counsel for the Respondents has submitted that after facing eviction Order in earlier R.C.O.P.No.1727/2001, Tenant ought to have tendered rent month after month and conduct of the Tenant in accumulating rent and paying in lumpsum amply proves wilful default.

7. Submitting that without filing a separate revision the landlord can challenge the findings against landlord, learned Counsel assailed the concurrent findings of Courts below in so far as the finding of rent as Rs.625/- and not as Rs.650/-.

8. I have heard both parties and perused the records.

9. Tenancy is not in dispute. It is also not in dispute that Respondents/landlords purchased the tenanted premises under Ex.P-1-Sale Deed dated 02.02.2001. Earlier, R.C.O.P. No.11/2001 was filed against Tenant for eviction on the ground of wilful default for the period from December, 2000 to October, 2001 and for own use and occupation. Despite serving of Notice, Tenant has not entered appearance and eviction was ordered in the RCOP on 17.04.2002. E.P.No.293/ 2002 was filed to execute the Decree in R.C.O.P.No.1727/ 2001. In the execution proceedings, Tenant has entered appearance through counsel and filed vakalat on 16.08.2002. Delivery was ordered on 212. 2002. That Tenant has entered appearance in E.P.No.293/2002 on 16.08.2002 and ordering delivery of possession on 212. 2002 are relevant to be noted. Period during which Tenant was contesting execution proceedings is the default period in the R.C.O.P.No.105/ 2003, which is under challenge.

10. Before adverting to the facts and evidence on wilful default, dispute regarding rent payable is to be noted. Landlords contended that rent is Rs.650/- p.m., whereas according to Tenant, rent is only Rs.625/- p.m. One of the landlords, PW-1 in his evidence has stated that their predecessor in title, viz., Lufia Beevi has informed them that monthly rent is Rs.650/- and contended that rent payable is Rs.650/- p.m. Tenant has produced pr