1. Landlords in R.C.O.P. No. 22 of 1987, on the file of the House Rent Controller (District Munsif), Mayiladuthurai, are the revision petitioners.

2. The petition was filed by the petitioners for eviction of the respondent on the ground that the tenant has committed default in payment of rent for the months of April and May 1987 wilfully and that the building requires immediate demolition and reconstruction.

3. In the counter filed by the respondent, he stated that the first petitioners father used to collect the rent and he has purposely avoided collecting rents for the months of April and May 1987, and, according to him, it is not wilful and he was paying the rent to the petitioners counsel before the Rent Control Court. The claim for eviction on the ground of demolition and reconstruction was also disputed. According to him, the building is in good condition and he has repaired the same.

4. The Rent Control Court, after taking evidence, held that the petitioners are entitled to succeed and consequently ordered eviction on both the grounds.

5. When the matter was taken in appeal as R.C.A. No. 17 of 1990 on the file of the learned Subordinate Judge, Mayiladuthurai, the