MD. SHAHJAHAN MIA Vs. MD. ABDUL HYE

JUDGEMENT

(1.) This appeal by leave is from the judgment and order dated 3.11.1998 of by the High Court Division made in Civil Revision No. 377 of 1998.

(2.) The appellant S.C. Suit No. 3 of 1997 in the Court of Assistant Judge, 2nd Court, Dhaka for eviction of the respondent from the suit shop stating that it was initially let out on 19.5.1981 to the respondent as a monthly tenant at a rental of Tk. 400/- and the lease was, however, renewed by a fresh agreement dated 13.4.1988 fixing the monthly rental at Tk. 700/-. The respondent for the month of December 1990 and for January 1991 to March 1991 paid rents on 24.3.1991 and rent for the month of January 1996 was paid on 24.3.1996 and thus the respondent was a defaulter. It was further sated that the appellant required the suit shop for the purpose of business of his eldest son who was unemployed. The petitioner in order to determine the tenancy and for vacating the shop room served notice under section 106 of the Transfer of property Act.

(3.) Respondent contested the suit by filing written statement stating that the appellant on receipt of Tk. 3,00,000/- as value for possession the two shop rooms leased out by the agreement fixing the monthly rental at Tk. 700/-. It was further stated by him that when for the month of December 1990 and for month of January 1991 to March, 1991 he went to pay the rent, the appellant refused to accept the rents which was deposited by him on 24.3.1991. The respondent also denied that the appellant required the suit shops bonafide and also service of notice under section 106 of Transfer of property Act.