ANISUR REHMAN Vs. SUKHDEO PRASAD GARODIA

JUDGEMENT

(1.) Plaintiff is the appellant. His suit for eviction of the respondent from a building was dismissed by the trial court and on appeal preferred by the appellant the lower appellate court confirmed the judgment and decree of the trial court.

(2.) Originally the building, when the tenancy of the respondent was created, belonged to the three brothers. According to the appellant there was a partition between the three brothers in August, 1969 and the suit property was allotted in the share of Misbahur Rahman. Misbahur Rahman leased the property to the appellant on 18th of October, 1969 and a notice of the same was given to the respondent by the constituted attorney of Misbahur Rahman under registered post. The notice was received on behalf of the respondent on 12th of October, 1970. On 23rd of July, 1971 the property was transferred by Misbahur Rahman to the appellant. The respondent failed to pay the rent of the building from November, 1969. Therefore, the suit was filed on 14th of July, 1973 praying therein for eviction and also for arrears of rent from June, 1970, i.e. for three years prior to the date of filing of suit.

(3.) In the written statement the respondent stated that he had paid the rent up to 1972 to Masudur Rahman one of the co-owners of the property and when he came to know that the appellant had become sole owner of the same he tendered the rent for January, 1973 to him. The appellant refused the same and, therefore, the rent was remitted by Money Order and the respondent continued to remit the same. He denied the receipt of notice dated 20th October, 1969.