Case Note & Summary
The dispute arose from a tenant's failure to pay rent after the property was sold to new owners. The respondents purchased the property on December 7, 1977, while the appellant was a tenant of the previous owners. Following the purchase, the respondents served a notice demanding rent and possession. The appellant claimed he had an oral agreement to purchase the property and had paid earnest money, thus believing he was not obligated to pay rent. The respondents filed for eviction due to non-payment of rent from December 1977 to May 1978, leading to a decree against the appellant. The core legal issue was whether the tenant's default was wilful, which would preclude him from the benefit of the proviso in Section 10(2) of the Act. The court analyzed the definitions of 'wilful' and 'wilful default', concluding that the tenant's belief in his right to purchase the property was genuine and negated the wilfulness of his default. The court held that the Controller should have provided the tenant an opportunity to pay the arrears, resulting in a miscarriage of justice. Consequently, the eviction decree was set aside, and the matter was remanded to the Controller for appropriate action. The parties were directed to bear their own costs.
Headnote
A) Landlord-Tenant Law - Wilful Default - Definition of Wilful Default - A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960, Section 10(2) - The court defined 'wilful' as intentional, conscious, and deliberate, requiring proof of intentional default for eviction. The tenant's belief in a prior right to purchase the property negated the wilfulness of his default. Held that the Controller should have allowed the tenant an opportunity to pay the arrears (Paras 119A, 120A-B).
Issue of Consideration
Whether the tenant's default in paying rent was wilful under the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960.
Final Decision
The Supreme Court allowed the appeal, set aside the eviction decree, and directed the Controller to provide the tenant an opportunity to pay the arrears of rent.
Law Points
- Wilful default
- Tenant's rights
- Eviction proceedings
- Bona fide belief
- Opportunity to pay rent
