D.C. OSWAL vs V.K.SUBBIAH AND ORS.

The Supreme Court held that the eviction petition based on 'wilful default' under the Tamil Nadu Buildings (Lease and Rent Control) Act was not sustainable as the landlords had accepted rent in advance for periods of two to three months, indicating no wilful default. The Court emphasized that a change of user had been accepted by the landlords since 1973, and thus the grounds for eviction were invalid. The appeal was allowed, reversing the High Court's decision and dismissing the eviction petition, while also directing an increase in rent to Rs. 400 per month from 1.1.1992.