M NARESH KUMAR Vs. B NAGALAXMI

JUDGEMENT

(1.) This appeal by special leave assails the correctness of the judgment of a learned single Judge of the High Court of Andhra Pradesh on a civil revision petition under Section 22 of the A. P. Buildings Lease Rent Control Eviction Act.

(2.) The respondent-landlady had filed a petition for eviction against the appellant-tenant on the ground inter alia, that he had committed wilful default in payment of rent for the months of September, October and November, 1983. The Rent Controller as well as the appellate authority held against the landlady, finding that for seven or eight years the tenant had been sending rent once every two or three months and the landlady had not protested; thus, a practice had developed between the parties to pay and receive the rent at irregular intervals. There was, therefore, no wilful default in payment of rent for September and October, 1983. The question of payment of rent for November 1983 did not arise because it fell due only after the eviction petition was filed.

(3.) The High Court took into account a letter dated 27th October, 1980 sent by the landlady's advocates in reply to a notice addressed by the tenant. Therein the landlady's advocates stated. 'Please direct your client to send the rents regularly every month. If your client commits any default in future, our client will not condone the same'. The High Court found that, in spite of this notice, the tenant had "repeated the payment of rent on irregular intervals". This amounted, in its view, to wilful default as he had been put on notice that in case he repeated the practice, he would be liable to face the consequences.