Natarajan, the petitioner herein is the landlord. Aggrieved by the order of the Appellate Authority setting aside the order of eviction in the petition in R.C.O.P. No. 3516 of 1988 on the file of XI Judge, Court of Small Causes, Madras, filed by the petitioner under Section 10(2)(i) of Tamil Nadu Buildings (Lease and Rent Control) Act, on the ground of wilful default, the landlord has filed this Civil Revision Petition.

2. According to the petitioner/landlord, the tenant, respondent herein has defaulted in payment of rent from November 1986 to September 1988. According to the tenant, the respondent herein, the entire rent has been paid at the rate of Rs. 52/- which was fixed by the Appellate Authority as fair rent, even before filing of the Rent Control Original Petition, on 17.11.1988 and as such, there is no Cause of action.

3. On a careful consideration of both oral and documentary evidences adduced by both the parties, the Rent Controller concluded that there is no acceptable proof to show that the entire arrears of rent have been paid to the landlord and as such, the tenant is liable to be evicted on the ground of wilful default. The Appellate Authority, while settin