SANKAR PRADHAN Vs. BANARASI BAI AND ORS.

JUDGEMENT

(1.) THIS writ application by the tenant raises an interesting question as to what would constitute "wilful default" within the meaning of the proviso to Section 7(2) of the Orissa House Rent Control Act, 1967 ('Act' for short). The authorities under the Act have held the Petitioner a wilful defaulter and have passed a decree for his eviction from the suit premises, and accordingly the Petitioner has come to this Court.

(2.) THE facts:

(3.) IT is not disputed that prior to the initiation of the eviction proceeding in question, the rent for the entire period up to December, 1977 had been duly accepted by the landlord although the payments were made after incurring the defaults.