This proceeding for eviction under the Rent Control Act has had a considerable and protracted history, and, at one stage, it came up to this Court in C.R.P. Nos. 710of 1963 and 507 of 1964 which were dealt with by Ramamurthi J., in January, 1965. But in view of the very restricted compass of this disposal of the matter that I am making, I shall content myself with a statement of the essential situation. The case is also of some interest for the citation of authority by the learned District Judge, in revision, upon the question of the ingredients of ‘wilful default’ as occurring in the Rent Control Act. There would appear to have been some confusion or misconception in that matter, which appears to merit a certain clarification.

We may take it that relations between the parties, viz., the tenant who is a lady who took the premises on lease in December, 1950, and the landlord, deteriorated very considerably after the tenant instituted a police complaint against the landlord for alleged insult and abuse, which ended in an acquittal. The premises were to be used for running a dispensary called Ratna Bai Clinic and the tenant (R.W. 1) was not a qualified doctor but was largely re