The tenant has filed this revision petition and he is aggrieved that the appellate Court and the Court of revision have upheld the plea of the respondent that the petitioner had committed wilful default in payment of the rent.

2. The rent receipts filed in this case show the petitioner had been irregular in the payment of rents and that there has been a delay of two to three months on several occasions. On 22nd April, 1969, the respondent issued notice Exhibit A-1 determining the tenancy and complaining of arrears of rent for three months. On 12th May, 1969, the petitioner sent a money order for three months rent but it was refused. It is unnecessary to refer to the subsequent money orders.

3. On these facts the Rent Controller was reluctant to uphold the plea of wilful default; but the appellate Court and the Court of revision have accepted that this is a case of wilful default.

4. The learned Counsel for the petitioner relies on the decision of Venkatadri, J., in Mahaboob Bi Bi v. Ambrose1, in which the learned Judge has held that it cannot be said that there was any wilful default in payment when the tenant, on coming to know of the application filed by the landlord, rush