MAJESTICE LEATHERWARE Vs. GOVINDA CHETTY

JUDGEMENT

(1.) THE tenant in R.C.O.P. No. 2695 of 1993 on the file XII Judge, Court of Small Causes at Madras, is the revision petitioner.

(2.) THE landlord filed an application for eviction on the ground that the tenant has defaulted in paying the rent of Rs. 1, 500 per month from 1.11.1992 to 30.9.1993. According to landlord, the default is wilful default and therefore liable to be evicted. He also averred that an earlier application was filed for eviction on the ground of payment of rent from 1.7.1992 to 31.10.1992 and the same is also pending consideration by court.

(3.) HEARD both sides. The rent is payable every month is an obligation on the part of the tenant, and it is recognised under the Rent Control Act. The Rent Control Act also provided that every month's rent will have to be paid on the due date and at any rate within 15 days on which the rent falls due. If no date is fixed, on or before last day of the succeeding month the rent is payable. Thus there is statutory obligation on the part of the tenant to pay the rent punctually. If he default in payment of ren t in due time, he will be a defaulter. It is also declared that mere default is not a wilful default. But, circumstances can be made out to prove that the default committed is wilful and for the said purpose, this Court in various decisions have laid down certain guidelines. Basing on those guidelines we have to consider whether in this case, the default committed by the tenant can be termed as wilful.