https://www.taxtmi.com/caselaws?id=279140 Non-payment of rent under Section 10(2) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 can justify eviction, but the proviso protects a tenant whose default is not wilful by allowing time for payment and rejection of the eviction claim on compliance. Wilful default is treated as intentional, deliberate, calculated and conscious non-payment with knowledge of the legal consequences. On the facts discussed, the tenant's failure to pay rent stemmed from a bona fide, though mistaken, belief that he had a prior right to purchase the premises under an oral agreement and had already paid earnest money. That genuine belief negatived wilful default and entitled the tenant to the proviso's protection. en-us Tue, 12 Sep 1989 00:00:00 +0530 Tue, 05 Mar 2019 14:41:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=279140 Non-payment of rent under Section 10(2) of the A.P. Buildings (Lease, Rent & Eviction) Control Act, 1960 can justify eviction, but the proviso protects a tenant whose default is not wilful by allowing time for payment and rejection of the eviction claim on compliance. Wilful default is treated as intentional, deliberate, calculated and conscious non-payment with knowledge of the legal consequences. On the facts discussed, the tenant's failure to pay rent stemmed from a bona fide, though mistaken, belief that he had a prior right to purchase the premises under an oral agreement and had already paid earnest money. That genuine belief negatived wilful default and entitled the tenant to the proviso's protection. Case-Laws Indian Laws Tue, 12 Sep 1989 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=279140