BASIRUDDIN AHMED Vs. DHIRENDRA MOHAN DAS

JUDGEMENT

(1.) In this appeal by special leave the question for determination is whether the respondents-tenants are entitled to deposit rent with the Rent Controller, under section 19 of the Premises Rent Control Ordinance, 1963, after they were duly served with a notice that their landlord already transferred the premises to the appellants-plaintiffs to whom no offer of rent was made by them.

(2.) Defendants-respondents were admittedly monthly tenants of one Parul Bala Ghose and they paid rent to her upto Augrahayan 1381 B. S. By a registered sale-deed dated 25th Ashar 1382 B.S. corresponding to 10 July, 1975 Parul Bala Ghose transferred the entire premises to the plaintiffs-appellants. This transfer was notified by the plaintiffs, new landlords, to the defendants-tenants through their lawyer one Mr. Jashimuddin. The tenants did not pay any rent to the plaintiffs, new landlords, but after about two years that is on 3 May, 1977 they impleaded the new landlords as an Opposite Party in Rent Deposit Case No. 112 of 1975 while they had filed against the previous landlady Parul Bala Ghose and in connection with that case they began depositing rent with the Rent Controller. The plaintiffs-landlords served a notice under section 106 of the Transfer of Property Act upon the defendants terminating the tenancy and thereafter filed a suit, S.C.C. Suit No. 1 of 1979, in the Court of Subordinate Judge, Sylhet, for ejectment of the defendants on the ground of non-payment of rent from Poush 1381 B.S., roughly corresponding to January 1975, till the termination of the tenancy by the notice under section 106, and also on the ground that they required the premises bonafide for their own use, etc.

(3.) The defendants contested the suit by filing a written objection. They contended that the rent for the months of Poush and Magh 1381 B.S. were sent by Money Order to the previous landlady Parul Bala Ghose who received the same, and as to the rent for the month of Falgoon 1381 B.S., though it was sent by Money Order Parul Bala Ghose refused to receive it whereupon they filed the Rent Deposit Case on 14.4.75 and since then they have been depositing rent with the Rent Controller. Subsequently, when the notice of transfer of the premises was served through a lawyer by the plaintiffs claiming to be the purchasers of the premises, they made the plaintiffs parties to the Rent Deposit Case; As such they are not defaulters.