1. The tenant is the petitioner in this civil revision petition which arises out of a petition for eviction filed by the respondent herein on the ground that the petitioner had wilfully defaulted in the payment of rent. Admittedly, the premises in question belongs to the respondent and had been leased out to the appellant for the purpose of running a hotel. According to the landlord, the monthly rent that is payable in respect of this premises leased out to the petitioner is Rs. 145/-, whereas, according to the petitioner, the rent is only Rs. 70/-. The respondent claimed that the petitioner had not paid the rents for five months, that is from Margali to Panguni of Nala year and Chitrai of Pingala year and thereby committed wilful default in the payment of the rent and therefore, he is entitled to an order for eviction.

2. The petitioner resisted the said petition on the ground that the monthly rent was only Rs. 70/- and that he had paid the amonnt till the month of Chitrai of Pingala year and there were no arrears whatever and therefore there was no question of default, much less wilful default.

3. The learned Rent Controller found that the monthly rent was Rs. 145/- an