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"Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, Sections 8 and 10[2][i]- Wilful default  Mere attempt to send rent by Money order without taking further steps to deposit rent into court under section 8 would amount to wilful default  Tenant is liable to be evicted.
Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, Section 10[2][i] proviso  Purpose of incorporation  Purpose is to give opportunity to tenant whose default was found to be not wilful to pay rent within 15 days  Condition precedent for invoking proviso is that Rent Controller should come to conclusion that tenant's default was not wilful.

15.For the proposition of wilful default, the learned counsel for the respondent/landlord pressed into service 1999 [III] CTC 199 between MAJESTICE LEATHERWARE REP.BY ITS PROPRIETOR S.M.MAHBOOB BASHA, CHENNAI-3 V. GOVINDA CHETTY wherein it is held as follows:-

"Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, Section 10[2][i]  Wilful Default  Payment of monthly rent punctually is statutory obligation  Any default in payment of rent by due date makes tenant defaulter  Tenant pleading that non payment of rent for more than two years was due to demand made by landlord for enhanced rent  No evidence for such plea  Tenant did not send rent by money order or initiate proceedings under Section 8[5]  Both authorities found that default was wilful  Concurrent findings by Authorities  No irregularity, illegality or impropriety in the order of authorities  Revisional Court upheld order of eviction on ground of wilful default.

He also relied on the decision reported in 2000 [II] CTC 577 between K.M.MUNEERUDDIN AND 4 OTHERS V. P.M.PUNNOOSE wherein it is observed as follows:-

"Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, Sections 8[5] and 10[3]  Wilful Default  Money order sent by tenant refused by Landlord  Tenant should initiate proceedings under section 8[5] after calling up landlord to specify Bank in which rent could be deposited  Mere attempt to send rent by money order without taking steps to deposit would constitute wilful default  Tenant failed to deposit rent on first date of hearing and paid it after more than one year  Once tenant admits default he has to prove that it was not wilful.
Rent Control Law  Wilful Default  Burden of proof  Once tenant admits default he has to prove that it was not wilful."

16.On the side of the respondent/landlord/petitioner, reliance was placed on the decision reported in 2001 [3] CTC 313 between M.K.MUKUNTHAN V. M.PASUPATHI wherein it is held as follows:

"Tamil Nadu Buildings [Lease and Rent Control] Act, 1960, Section 10[2][i]  Wilful default  Tenant failing to pay rent immediately on inception of tenancy and committed default for 12 months  Landlord living in same building and yet tenant sent money order representing rent for 3 months with knowledge that landlord was away to attend funeral of his mother-in-law  Money order returned as addressee not found  Tenant sent notice and landlord did not send reply  Tenant failing to take any further steps  Tenant committed wilful default  Order of eviction sustained and confirmed.