HAFIZ MD. SHAMSUL ALAM Vs. MUSLEUDDIN AHMED

JUDGEMENT

(1.) This appeal by leave is directed against the Judgment and Order dated 13.12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule.

(2.) Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the year 1973 and at that time one Younus Chandana was the tenant in the suit premises and he accepted the plaintiffs as his landlord. Younus Chandana stopped payment of rent since May 1974 and he also inducted defendant No.1 and one Altaf Hossain as sub-tenant in the premises in suit. Altaf Hossain filed House Rent Case No. 419 of 1974 impleading father of the plaintiff Nos. 1 and 2. The said Rent Control Case was compromised and the landlord. Accepted defendant No.1 and Altaf Hossain as tenants in the suit premises. Plaintiffs' father made a gift of the suit premises to the plaintiff No.3 to the knowledge of all concerned. Defendant No.1 requested the plaintiffs to recognize him as the tenant after Altaf Hossain left the partnership business. Plaintiffs accepted defendant No.1 as the sole tenant. Defendant No.1 inducted defendant Nos. 2 and 3 as sub-tenants and stopped payment of rent from January 1994 and started House Rent Case No. 4 of 1994. the plaintiffs terminated the tenancy by serving notice under section 106 of the Transfer of Property Act effective from September 1994 and requested the defendants to hand over vacant possession of the premises but they failed.

(3.) The defendants contested the suit by filing written statement and contended, inter alia, that M/S Chandana Corporation, a partnership firm was the tenant in the suit premises as per agreement dated 01.08.1961 with Younus Ali, Sajeda Khatun and Mussamat Zaitun Nessa and one of the terms and conditions of the agreement was that in case of default in the payment of rent for three consecutive months the landlord would have the right to evict the tenant. Md. Younus Chandana took over the business of M/S Chandana Corporation from 01.04.1971 and a deed of agreement was executed on 28.04.1971 between Younus Chandana and Younus Ali, Sajeda Khatun, Musammat Zaitun Nessa and in the said deed of agreement there was stipulation for enabling sub-letting of the premises with the prior permission of the landlord and in case of default in the payment of rent for three consecutive months landlord would have the right to get the tenant or tenants evicted. Younus Ali, Sajeda Khatun, Musammat Zaitun Nessa transferred the premises in suit to Hafizuddin Ahmed, father of plaintiffs and Younus Chandana sent a letter on 18.04.1973 to M/S Chandana Corporation requesting it to attorn the transferee and to pay rent and M/S Chandana Corporation continued to be a tenant under the new landlord as per terms and conditions of deed of agreement dated 28.04.1971. on retirement of Younus Chandana partnership firm M/S Chandana Corporation was reconstituted with defendant No.1 and Altaf Hossain and the new partners of M/S Chandana Corporation were accepted as tenants of the premises by the landlord and later on Altaf Hossain retired from the partnership business of M/S Chandana Corporation and defendant No.2 was taken as partner from 01.04.1994. Defendants on 05.02.1994 offered rent for the month of January, 1994 to the landlord and the landlord asked the defendants to pay the rent for the month of January, 1994 along with the rent for the month of February, 1994 as printed rent receipts were not available and accordingly defendant offered rent for the months of January and February, 1994 on 01.03.1994 but the landlord refused to accept rent and thereupon rent was remitted by postal money order on 01.03.1994 and 06.03.1994 for the respective months and the money orders so sent having returned the defendants filed House Rent Control Case No. 4 of 1994.