JUDGMENT : 1. Special Leave granted. 2. Heard counsel on both sides. The respondents herein sought eviction of the appellant on three grounds viz. (1) wilful default in payment of rent, (2) diminishing the utility and value of the building, and (3)denial of title of the landlord without any bonafides 3. The courts below have negatived the 2nd and 3rd grounds. The eviction, however, was ordered on the ground of wilful default in payment of rent. The default in payment of rent now found to be is for two months, March & April, 1982. 4. We have perused the orders of the courts below. There was no proper consideration of the material produced by the tenant in support of his plea that there was no default much less wilful default on his part in payment of rent for the said two months. In our opinion, a grave injustice has been done in the instant case. In fact the tenant has sent the rent of one month by money-order which was not accepted by the landlord. We do not think that in the circumstances of the case that the tenant could be held to have committed a wilful default in payment of rent. 5. We allow the appeal, set aside the impugned judgments of the courts below. We, however, direct at the tenant in the circumstances of the case shall pay rent at the rate of Rs. 250/- per month with affect from February 1, 1990. 6. We, however, make no order as to costs.