Wilful default in rent payment includes unpaid contractual tax arrears, justifying eviction when no unavoidable inability is shown.

Where contractual tax payments formed part of rent, failure to pay the full arrears after the statutory two months' notice amounted to wilful default under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The tenant tendered only the rent component and left the tax component unpaid, and no inability to pay due to unavoidable circumstances was established. On that basis, the Court held that wilful default was made out and eviction was liable to follow, with the eviction order ultimately upheld.

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Issues: Whether the tenant committed wilful default in payment of rent so as to attract eviction under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

Analysis: The agreed monthly rent and the tenant's contractual obligation to pay a portion of the property tax formed part of the rent. The landlord issued the statutory two months' notice demanding the arrears, but the tenant tendered only the rent component and not the tax component, which remained unpaid. Under the Explanation to sub-section (2) of Section 10, continued default after such notice constitutes wilful default unless the tenant shows incapability to pay due to unavoidable circumstances. No such inability was established.

Conclusion: The tenant was guilty of wilful default and liable to eviction under Section 10(2)(i) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960.

Final Conclusion: The eviction order was upheld and the tenant's challenge failed.

Ratio Decidendi: Where contractual tax payments form part of rent, non-payment of the full arrears after statutory notice amounts to wilful default unless the tenant proves inability to pay due to unavoidable circumstances.

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