K NARASIMHA RAO Vs. T M NASIMUDDIN AHMED

JUDGEMENT

(1.) Leave granted.

(2.) Respondent is a tenant of the appellant in a premises at Chengalpattu in Tamilnadu. The appellant filed a petition for eviction of the respondent-tenant on the ground of wilful default in payment of rent for the period July 1990 to November 1990 in spite of a notice dated 16-11-1990. The monthly rent is Rs. 150/-. The respondent denied that there was any wilful default. He contended that certain repairs had been made in the premises by him with the consent of the landlord for which Rs. 1000/- was spent by him; that amount had to be adjusted towards the rent due for the said period; on receipt of the notice from the landlord, he sent a demand draft for Rs. 750/- as the rent for five months, which was received by the landlord; and the amount of Rs. 2,850/- paid as excess advance was also available with the landlord for adjustment towards the rent due.

(3.) The Rent Controller rejected the respondent-tenant's contention and held that there was wilful default committed by the tenant in the payment of rent for that period. An order of eviction was made against the respondent-tenant. The appellate authority rejected the tenant's appeal. The tenant them preferred a Civil Revision Petition in the High Court which has been allowed by the impugned order dated 9-2-1993 taking the view that on these facts there was no wilful default in payment of the rent by the respondent.