MOHSINA RAHMAN ALIAS JAYA Vs. ABDUL MAJID

JUDGEMENT

(1.) This Rule at the instance of the defendant/petitioner was issued calling upon the opposite parties to show cause as to why the impugned order dated 16-5-99 passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No.164 of 1998 complained in the petition moved in Court should not be set aside.

(2.) The facts relevant for the purpose of disposal of this Rule are, that the opposite-parties as plaintiffs has filed Title Suit No.164 of 1998 in the Court of Subordinate Judge, 5th Court, Dhaka with a prayer to make the award of Taka 24, 00,000 (Twenty-four lac) as passed and signed on 30-5-1998 by the Arbitrator for Rule of Court against the petitioner.

(3.) The plaintiffs-opposite parties were the lessees of shops No. 1, 5, 9, 11 and 12 situated on the ground floor of the Meherun Nessa AC Market at 164 Elephant Road, Dhaka under the defendant petitioner by paying salami of Taka 6,95,000 (six lac ninety-five thousand) to the defendant-petitioner and the lease commenced from 1987. They also paid monthly rent regularly. They were given the right to transfer possession on payment of transfer fee of Taka 10,000 (ten thousand) to the defendant- petitioner. After taking the lease the plaintiffs-opposite parties invested several lakh takas for decoration of the shops and also for purchasing the materials for running their business in the aforesaid shops.