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The appellants then filed an application before the Subordinate Judge at Erode under Section 92 of the Code of Civil Procedure for leave to institute a suit to obtain a declaration that the alienation of the suit property by Gowthaman to the respondent was null and void and not binding on the trust and for framing of a proper scheme for the enforcement of the trust. Both Gowthaman and the respondent were made parties to this application.

While this application was pending the respondent filed a petition in the Court of the Rent Controller for eviction of the appellants from the suit premises on four separate grounds under Sections 10 (2)(i), 10 (2) (vii), 10 (3)(iii), and 14 (1)(b) (2)(b) of the Act. Section 10(2)(i) provides for eviction on the ground of default in payment of rent. The proviso to Section 10(2) allows the Controller, if he is satisfied that the tenant's default is not wilful, to give the tenant a reasonable time, not exceeding fifteen days, to pay or tender the up to date rent due by him to the landlord. If the tenant avails of this opportunity the application of the landlord "shall be rejected". The Explanation to the sub section defines wilful default as default which continues after the issue of two months' notice by the landlord claiming rent.