Wilful default in payment of rent means intentional, deliberate, calculated and conscious, with full knowledge of legal consequences flowing therefrom.

Tenant in R.C.O.P. No. 185 of 1988 on the file of Additional District Munisf s Court, Madurai Town is the revision petitioner herein.

2. Respondent herein as landlord filed eviction petition on the ground that tenant has committed wilful default in payment of rent from the month of September 1987 to March 1988 for a period of seven months to the tune of Rs. 2,296/-. The agreed rent is Rs. 328/- payable before 5th of succeeding English Calendar month. Tenancy is oral. Tenant has taken lease of the premises for non-residential purposes.

3. Landlord also wanted eviction on the ground that tenant is causing nuisance to his neighbours and to his adjoining occupiers of the building. Tenant is conducting onion business in the demised premises wherein he has stored decayed onions. The same is causing nuisance to other occupants of the building and also to the neighbours. It is further averred that the building is absolutely necessary for his own occupation of his office. At present he is utilising the office premises of his uncle and petitioner wants the building for his bona fide use.

4. Landlord issued a registered notice on 11.7.1986 asking petitioner to vacate the premises. It is also alleged that the tenant is having other premises in Madurai where she is doing very same business. In spite of registered notice, tenant did not vacate and therefore another lawyers notice was issued on 5.3.1986 demanding arrears of rent and asking tenant to vacate the building by March, 1988. Tenant did not even send reply nor complied with the demand, which necessitated filing of the eviction petition.

5. In the counter statement filed by the tenant it is alleged that the scheduled building was taken on rent for doing onion business under the name and style ‘R. Balamurugan & Co.’ and the agreed rent is Rs. 328/-. The allegation that tenant has defaulted in payment of rent is denied. He was never indifferent in paying rent. It is said that Landlord used to come and collect rent at his convenience either personally or through his father or his agent since landlord is owning several buildings in Madurai Town. The contention that the rent for the month of August 1987 was paid only on 4.1.1988 is denied. It is said that the rent for August 1987 was paid in September 1987 itself but the receipt was issued only on 4.1.1988. She also denied having committed default in paying rent. She further said that she paid rent upto February 1988, but landlord has not issued receipt from September 1987 to February, 1988.

6. The allegation that tenant has committed nuisance is also denied. She also denied the allegation that landlord requires the scheduled building for his own occupation.

7. On the above pleadings, Rent Controller took oral and documentary evidence. Exs. A1 to A13 were marked on the side of landlord and landlord was examined as P.W.1. As against the said evidence, tenants husband got himself examined as DW1. No documentary evidence was produced on behalf of the tenant.

8. Rent Control Court, after elaborately discussing the entire evidence came to the conclusion that the tenant has committed wilful default in paying rent. The contention that the rent for August 1987 was paid in time and the receipt was issued only on 4.1.1988 was found to be false and it further found that tenant paid rent for the month of August 1987, only on 4.1.1988. It also came to the conclusion that tenant has always violated the terms of tenancy and never punctual in paying rent. Rent Controller also took note of the conduct of tenant during the pendency of the proceedings, that rent was paid only when landlord filed application under Sec. 11(4) of the Act. Trial Court further found that once tenants case was found to be false and he has been habitual defaulter, he is to be termed only as wilful defaulter and liable to be evicted. With regard to the claim of eviction on the ground of nuisance and bona fide own occupation of landlord, Rent Controller did not find favour