The main legal point established in the judgment is the definition and application of 'wilful default' in the context of the Tamil Nadu Buildings (Lease and Rent Control) Act, emphasizing intentional, deliberate, and conscious default in paying rent.

1. Animadverting upon the judgment and decree dated 26.03.2012 passed by the learned VIII Judge, Court of Small Causes, Chennai in R.C.A.No.822 of 2007 reversing the order and decree dated 28.09.2007 passed by the learned XVI Judge, Court of Small Causes, Chennai in RCOP No.1993 of 2006, this civil revision petition has been focussed by the tenant.

2. The parties, for convenience sake, are referred to here under according to their litigative status and ranking before the Rent Controller.

3. Compendiously and concisely, the germane facts absolutely necessary and germane for the disposal of this civil revision petition would run thus:

(i) The respondent herein/the landlady preferred RCOP No.1993 of 2006, to get evicted the revision petitioner/tenant on the ground of wilful default in paying the fair rent as fixed by the learned Rent Controller in one other RCOP proceedings, invoking Section 10(2) (i) of the Tamil Nadu Buildings (Lease and Rent Control) Act.

(ii) The tenant resisted the RCOP.

(iii) During enquiry, on the side of the landlady, one Jagadesh Prasad examined himself as P.W1 and marked Exs.P1 to P4. On the side of the respondent/tenant, R.Ws.1 and 2 were examined and no document was marked.

(iv) Ultimately, the Rent controller dismissed the RCOP.

(v) Challenging and impugning the order of the Rent Controller, the landlady preferred appeal before the Appellate Authority. Whereupon, the appellate authority considering the pros and cons of the matter ordered eviction setting aside the order of the Rent Controller.

(vi) Being aggrieved by and dissatisfied with the order of the appellate authority, this revision has been focussed by the tenant on various grounds.

4. Heard both sides.

5. The learned counsel for the revision petitioner/tenant placing reliance on the grounds of revision would pyramid his argument, which could pithily and precisely be set out thus:

- The appellate authority failed to take note of the fact that the revision petitioner/tenant has been paying the rent regularly.

- There is suppression of the fact by the landlord about the payment of even the fair rent by the tenant to the landlord till today.

- The landlord was not in the habit of issuing rent receipts and that is why the tenant could not produce any document evidencing the payment.

7. Per contra, the learned counsel for the respondent/landlord in a bid to extirpate and torpedo the arguments as put forth on the side of the tenant would pilot his argument, which could succinctly and precisely be set out thus:

- Absolutely there is no rhyme or reason on the part of the tenant in contending that the landlady was not in the habit of issuing receipt etc. In fact, in the earlier RCOP proceedings, the Rent Controller concerned fixed the fair rent by passing the order on 20.01.2005 and thereafter, no appeal was preferred by the tenant. In fact, the landlady only preferred appeal and it was disposed of subsequently, confirming the order of the Rent Controller in fixing the fair rent.

- In the meanwhile on 13.11.2006, the present RCOP for eviction on the ground of wilful default in paying the fair rent was filed. However, the arrears were not paid once. Admittedly, the part of the arrears was paid only on 14.09.2010 and as such, the Rent Controller failed to take note of the wilful default committed by the tenant and simply dismissed the RCOP. Whereas the appellate authority rectified the mistake committed by the lower authority and held that there was wilful default in paying the rent and as such, absolutely, there is no perversity or illegality in the order passed by the appellate forum.

8. The point for consideration is as to whether the findings of the appellate authority that there was wilful default in paying rent is not bound by any evidence or any probabilities?

9. At the outset itself, I would like to fumigate my mind with the following decisions of the Hon'ble Apex Court and certain excerpts from those decisions would run th