AIR 2003 SUPREME COURT 2993 ::2003 AIR SCW 3663 ::2003 SCFBRC 398 ::(2003) 2 WLC(SC)CVL 447 ::(2003) 8 IndLD 323 ::2003 (10) SCC 610 ::(2003) 5 Scale 453 ::2003 (3) CurCC 75 ::2003 (6) ACE 250 ::2003 (52) All LR 738 ::2003 (4) MadLW 671 ::2003 (3) MadLJ138 ::2003 (2) RenCR 652 ::(2004) 1 RentLR 121 ::2003 (2) RenCJ 23 ::2003 (4) SLT 646 ::2003 (5) Supreme 147 ::(2003) 9 AllIndCas 82 (SC) ::2003 (9) AllIndCas 82 ::2003 (8) SRJ 175 ::(2003) 7 JT 105 (SC)

Supreme Court Of India

(From : 2002 (2) Ren CR 193 (Mad))

Hon'ble Judge(s): R. C. Lahoti, Ashok Bhan , JJ

(A) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) , S.10(2)(i)— Eviction - Wilful default - Means - Deliberate and intentional default knowing full well the legal consequences thereof. (Para 12) (B) Tamil Nadu Buildings (Lease and Rent Control) Act (18 of 1960) , S.10(2)(i) Proviso— Eviction - Wilful default - Eviction petition can be filed either with 2 months' notice to pay or without notice - In former case default would be presumed to be wilful - In later, landlord has to prove that default is wilful. The explanation appended to sub-section (2) of Section 10 of the Act enacts a rule of evidence. After the issuance of two months' notice claiming the rent, the default by tenant shall be construed as wilful raising a presumption in that regard and it will be for the tenant to show availability of sufficient cause or circumstances beyond his control to escape from the consequence of default. The landlord is not prevented from initiating proceedings for eviction on the ground of default under Section 10(2)(i) of the Act, without serving a notice under the Explanation but in that case it will be for the landlord to make out a case of wilful default by tenant failing which the Controller may exercise his discretion under the proviso gi....