9911796707
TMI Blog1989 (9) TMI 395X X X X Extracts X X X X X X X X Extracts X X X X ..... o pay the rent can be said to be a wilful defaulter within the meaning of the proviso to sub-section (2) of Section 10 of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 (hereinafter called 'the Act'). Section 10(1) lays down that a tenant shall not be evicted except in accordance with the provisions of this section or sections 12 and 13 of the Act. Clause (i) of sub-section (2) of that section next provides that a land- lord who seeks to evict his tenant may apply to the Control- ler for a direction in that behalf and the Controller on being satisfied that the tenant has not tendered the rent due by him within fifteen days after the expiry of the time fixed in the agreement of tenancy or in the absence of any such agr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 7th December, 1977 for ₹ 70,000. The appellant was in actual possession of a part of the premises as a tenant of the vendors at the date of purchase. After the purchase of the property the respondents served the appellant with a notice dated 13th December, 1977 calling upon him to pay the rent due and deliver vacant possession of the demised prem- ises. The appellant replied to the notice on 29th December, 1977 alleging that the vendors had orally agreed on 14th October, 1977 to sell the property to him for ₹ 70,000 and had received ₹ 5,000 as earnest. The appellant, therefore, contended that he was under no obligation to pay the rent and vacate the premises since he was ready and willing to purchase the property. The r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the meaning of the words 'wilful default' appears to indicate that default in order to be wilful must be inten- tional, deliberate, calculated and conscious, with full knowledge of legal consequences flowing therefrom". Since the proviso with which we are concerned is couched in negative form the tenant can prevent the decree by satisfy- ing the Controller that his omission to pay or tender the rent was not wilful. If the Controller is so satisfied he must give an opportunity to the tenant to make good the arrears within a reasonable time and if the tenant does so within the time prescribed, he must reject the landlords application for eviction. In the present case, it is not in dispute that the tenant did not pay the re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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