single Judge considering the term 'wilful default' observed thus:
"Wilful default connotes that the default or omission has been the result ... conclusion that the tenant was a wilful defaulter. A default is different from wilful default which has not been established in the instant case
does not contemplate a second opportunity being given to the defaulting tenant to make the payment.
(8) The tenant therefore has filed this petition invoking ... tenant of be granted further time it there is a failure on the part of the tenants to make payments within the time the tenants
payable by the tenant is Rs.18,000/-. In the Rent Control
Petition, it was alleged that, the tenant had defaulted
payment of monthly rent ... immediate ejectment of the tenant. If no application is filed by
the tenant or if the reasons shown by the tenant are
insufficient, the penal
tenant on each occassion nor could this stand of the tenant be treated as intimation to the tenant of the defaults in question, as contemplated ... tenancy of the tenant and was seeking possession of the land specifically on the ground that the tenant did commit three defaults for the years
tenant did not follow that procedure. Omission to avail of the prescribed procedure disentitles the tenant to plead that there was no wilful default ... towards the rent due from the tenant and that the tenant cannot be held to be wilful defaulter in payment of rent. In the above
tenancy the agreed rent was Rs. 95 per year. As
the tenant made default in paying the rent the appellants
served him with a notice ... such a tenant. A careful perusal
of that decision shows that it rested 'on the footing that
the tenant had committed defaults for more
shortfall and extends the benefit contemplated by Section 39
to the defaulting tenant. It will not grant any decree of
the amount short deposited ... Section 20 .
Thus Section 39 gives further opportunity to the defaulting
tenant to tender into the court the aforesaid sum to save
his tenancy within
tenants to have regularly enquired with regard to the deposit of the monthly rent, and the defendant-tenants were responsible for the continuous default which ... days of default. In any case, the default committed by the revisionist is not of one or two monthly deposits. The default has been
contended by the landlady that the tenant had made defaults for three years from 1969-70 to 1971-72 and intimations have been given ... committed defaults in payment of rent or compensation. The fact that the defaults have been committed is best known to the tenant. However, the legislature
finding recorded by the Trial Court and instead held that the tenant was defaulter within the meaning of Section ... that no suit for recovery of possession on the ground of default against tenant shall be instituted until the expiration of one month next after
