https://www.taxtmi.com/caselaws?id=165280 In rent-control eviction for non-payment, "wilful default" is treated as an intentional, deliberate and conscious breach without justifiable cause. The Explanation added to section 10(2) creates a strong statutory presumption of wilfulness where the landlord serves two months' notice and the tenant still fails to pay, but it does not wholly bar judicial scrutiny in every case. The proviso and Explanation are read harmoniously so neither becomes redundant, and where the notice condition is absent the court may still examine wilfulness on the facts. A dissent took the view that the Explanation supplied an exhaustive definition tied to continued default after notice. en-us Thu, 24 Jan 1985 00:00:00 +0530 Wed, 18 Jun 2025 18:07:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=165280 In rent-control eviction for non-payment, "wilful default" is treated as an intentional, deliberate and conscious breach without justifiable cause. The Explanation added to section 10(2) creates a strong statutory presumption of wilfulness where the landlord serves two months' notice and the tenant still fails to pay, but it does not wholly bar judicial scrutiny in every case. The proviso and Explanation are read harmoniously so neither becomes redundant, and where the notice condition is absent the court may still examine wilfulness on the facts. A dissent took the view that the Explanation supplied an exhaustive definition tied to continued default after notice. Case-Laws Indian Laws Thu, 24 Jan 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=165280