The main legal point established is that subsequent conduct of the tenant is crucial in determining wilful default in rent payment.

This revision has been directed against the Judgment in RCA No.209 of 2002 on the file of VIII Judge(Rent Control Appellate Authority) Court of Small Causes, Chennai which had arisen out of an order in R.C.O.P.No.1005 of 1999 on the file of XI Judge(Rent Controller) Court of Small Causes, Chennai. The unsuccessful tenant before the Courts below is the revision petitioner herein.

2. The tenant had filed R.C.O.P.No.887 of 1999 under Section 8(5) of the Tamil Nadu Buildings( Lease and Rent Control) Act( Hereinafter referred to as "Act") before the XI Judge(Rent Controller) Court of Small Causes, Chennai. The said O.P. Was dismissed by the learned Rent Controller against which there was no appeal or revision preferred.

3. R.C.O.P.No.1005 of 1999 was filed under Section 10(2) (i) of the Act on the ground that the tenant had committed default in payment of monthly rent of Rs.175/- from April 1996 to March 1999. The tenant had agreed to vacate and hand over the possession of the petition schedule building on or before 4. 1998 but has not vacated the premises. During December 1998, the tenant had sent the rent through money order. The said amount was adjusted towards the arrears of rent for the period from April 1996 to March 1999. For the notice sent by the tenant dated 11. 1999, the landlord had sent a suitable reply dated 21. 1999. The tenant/respondent had committed wilful default in payment of rent for the period from 4. 1996 to 33. 1999. Hence, the petition.

4. The respondent in his counter would contend that the tenant had paid the rent without committing any default. The tenant had paid the rent to the previous landlord regularly. Since the tenant had refused to vacate and hand over the petition schedule building to the landlord in the year 1998, the landlord had refused to receive the rent tendered by the tenant in the month of January 1999. Thereafter from January 1999, the tenant is paying the rent through money order. Even though, the landlord had received the rent for the month of January 1999 sent by the tenant by money order, he had refused to receive the same for February 1999. Hence the tenant had filed a petition under Section 8(5) of the Act in R.C.O.P.No.887 of 1999. The landlord is not in the habit of issuing receipt for the rent paid by the tenant. Hence the petition is liable to be dismissed.

5. Before the learned Rent Controller, the petitioner has examined himself as P.W.1 and exhibited Exs P1 to P11. On the side of the respondent, the respondent was examined as R.W.1 and Ex R1 was marked. After scanning the evidence both oral and documentary, the learned Rent Controller had allowed R.C.O.P.No.1005 of 1999 thereby ordering eviction giving a months time for the tenant to vacate and hand over the vacant possession of the petition schedule building and also dismissed R.C.O.P.No.887 of 1999 filed by the tenant under Section 8(5) of the Act. Aggrieved by the findings of the learned Rent Controller in R.C.O.P.No.1005 of 1999, the tenant had preferred RCA No.209 of 2000 before the learned Rent Control Appellate Authority(VII Judge), Court of Small Causes, Chennai. Finding no material to interfere with the findings of the Rent Controller, the learned Rent Control Appellate Authority has dismissed R.C.A.No.209 of 2002 which necessitated the tenant to approach this Court by way of this revision.

6. Now the points for determination in this revision are

a) Whether the receipt of arrears of rent for the month of February 1999 by the landlord will absolve the tenant from considering him as a wilful defaulter in payment of rent for the period from April 1996 to January 1999?

b) Whether the Judgment of the learned Rent Control Appellate Authority in RCA.No.209 of 2002 is liable to be set aside for the reasons stated in the memorandum of appeal?

7. Heard the learned counsel appearing for the revision petitioner as well as the learned counsel appearing for the respondent and considered their respective submissio