TMI Blog1952 (10) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... n fell into arrear and the respondent gave a notice to the appellant demanding the arrears that has fallen due since the passing of the decree on 24th February 1948, and also the arrears decreed on that date. The appellant sent only the arrears that had fallen due subsequent to the passing of the decree, within the period of one month. He did not send the decreed arrears but deposited them in Court after a month. The respondent thereupon sued the appellant for ejectment from the shop contending that he had wilfully defaulted in paying the arrears within a month of the receipt of the notice demanding the same. The suit was dismissed by the trial Court which held that there was no wilful default on the part of the appellant but has been decre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejected on the ground of his failure to pay the arrears of rent within a month of the receipt of a notice of demand in spite of a decree for the same having been passed against him. A tenant who does not pay the arrears of rent in spite of a decree having been passed against him undoubtedly stands in a weaker position than one against whom no decree has been passed. Because the landlord can realize the decreed arrears by executing the decree, he gets no licence for not paying them at all, or unless a warrant of attachment or arrest is issued against him. The lower-appellate Court rightly held that the appellant did not pay all the arrears of rent rightly demanded from him within a month of the receipt of the notice of demand, 6. The defa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Wilfully and knowingly can be taken only as meaning deliberately and with knowledge and not something which is careless or negligent or inadvertent. Another provision making it an offence for anyone to fail 'wilfully to pay a tax or make a return came up for discussion in Spies v. U. S. A., 317 U. S. 492 : (87 L. E. 418). It was observed in that case that 'mere voluntary and purposeful' as distinguished from accidental, omission to make a timely return might meet the test of wilfulness. But in view of the traditional aversion to imprisonment for debt, the Supreme Court understood the word 'wilful' to include some element of evil motive and want of justification. We are not concerned in the present case with any cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lway . His plea that he believed the land to be a public thoroughfare and that consequently he was not a wilful trespasser was rejected because he 'intentionally and purposely stayed on the railway land although fancying that he was entitled to remain there. Wilful default was discussed by the Court of Appeal in Re Mayor of London and Tubb's Contract, (1894) 2 oh. 524. There was default in that case but as it was not intentional but due to an oversight and that too an oversight easily accounted for, it was held to be a perversion of the word wilful to hold it wilful. Lopes L. J. said on p. 538 : If it were treated as wilful there would be no distinction between what was intentional and what was unintentional and accidental. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt, because the respondent had refused to accept the money orders for the arrears before the decree was passed is devoid of force. The refusal of the respondent to accept the money orders did not wipe off the appellant's liability. The appellant remained liable to pay the arrears though he might not be liable to pay the costs of the suit brought by the respondent to recover them. In spite of the previous refusal, the appellant was bound to pay the decreed arrears; that was the decree passed against him. Further when the respondent demanded the decreed arrears through notice, the appellant was bound to pay them. He could not refuse to pay them on the ground that the respondent had refused the previous tender. 11. The decree passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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