ALAGUMANI Vs. K SHANMUGHAM

JUDGEMENT

(1.) THIS civil revision petition is directed against the judgment in R.C.A.No.1032 of 1986 on the file of Appellate Authority (VIII Judge, Court of Small Causes, Madras), in which the learned Appellate Authority has confirmed the order of the Rent Controller in R.C.O.P.No.2710 of 1984 on the file of Rent Controller (IX Judge, Court of Small Causes, Madras).

(2.) SHORT facts are: The respondents had filed petition for eviction on the ground of wilful default in payment of rent for the period from 1.10.1983 to 30.6.1984. That was resisted by the revision petitioner. After enquiry,. the learned Rent Controller found that there was wilful default in payment of rent and had ordered eviction. Aggrieved by the same, the tenant had filed R.C.A.No.1032 of 1986 and having failed there also, has come forward with this revision.

(3.) I have carefully considered the submissions made by the learned counsels. Ex.R-1 dated 14.2.1984 is the refused money order coupon. Rent for four months was sent by money order and it was refused. This petition for eviction was filed only on 8.8.1984. A period of nearly six months had elapsed in between. The tenant had not chosen to sent the rent during that period. It is not in dispute that even after filing of the petition and advocate entered appearance he did not pay the rent. Only after the lapse of six months, he paid the rent. In those circumstances, the question that falls for consideration is whether in those circumstances, the default committed by him is to be wilful or otherwise. In this regard Mr.Narayanaswamy relies upon Govindammal v. Rangaswami, (1956)2 M.L.J. 69:A.I.R. 1956 Mad. 421: (1956)69 L.W. 384: 1956 M.W.N. 523: