MOST. HAMIDA Vs. MD. MAJIBUR RAHMAN

JUDGEMENT

(1.) At the instance of the plaintiff this appeal is directed against the judgment and order dated 17.04.1995 passed by a Single Judge of the High Court Division in Civil Revision No. 842 of 1990, under section 25 of the Small Cause Courts Act, making the Rule absolute and consequent thereupon setting aside the judgment and decree dated 14.04.90 passed by the Subordinate Judge, 1st Court and S.C.C. Judge, Tangail in S.C.C. Suit No. 2 of 1992 , decreeing the suit for ejectment of monthly tenant.

(2.) The respondent was inducted in the year 1965 as an ejectable monthly tenant of the appellant in the suit shop room at a monthly rent of Tk. 50/-, which was subsequently raised to Tk. 150/- only.

(3.) The case of the plaintiff-appellant inter alia is that the respondent was not only a habitual defaulter earlier but he also did not pay any rent from the month of Kartick, 1388 B.S. and since" the suit premises was also required bonafide for use of the plaintiff for rebuilding of the same the plaintiff served a notice under section 106 of the Transfer of Property Act upon the tenant on 10.10.82 terminating the monthly tenancy of the defendant with the end of the month of Bhadra, 1389 B.S. requesting the defendant respondent to vacate from the suit shop. But he did not and hence the suit has been filed on the aforesaid two counts; that the defendant was a defaulter and that the premise was required bonafide for use and occupation of the plaintiff after rebuilding of the same.