The tenant in H. R. C. No. 2963 of 1977, XII Judge, Court of Small Causes, Madras, is the petitioner in this civil revision petition. That application was filed by one Kannappan against the petitioner herein under section 10 (i) (2) of the Tamil Nadu Buildings (Lease and Rent Control) Act XVIII of 1960 as amended by Act XXIII of 1973 (hereinafter referred to as the Act) praying for an order of eviction on the ground that the petitioner has committed wilful default in the payment of the monthly rent of Rs. 170 for the period from 1st March, 1975 to 31st August, 1977. The petitioner resisted that application contending that the rents for the period March to July, 1975 was paid and received by Kannappan, but that receipts were not issued and when the rent for the month of August, 1975 was tendered by the petitioner, Kannappan refused to receive the same and thereafter, the rents had been sent by the petitioner regularly by money order from August, 1975 upto date and those money orders had been unlawfully refused to be received by Kannappan. The petitioner, therefore, claimed that he did not commit any wilful default in the payment of rents.

2. Before the Rent Controller (XII