MAHERUNNESSA KHATUN Vs. ABDUL LATIF

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division, Comilla Bench, in Civil Revision Case No 93 of 1981.

(2.) Plaintiff is the appellant. He filed S.C.C. Suit No. 4 of 1978 in the Court of Subordinate Judge, Second Court and S.C C Judge, Subject, against the respondent for their eviction from the suit premises. His case was that defendant respondent was a monthly tenant at Tk. 30 /- payable according to English calendar month within the 7th day of the month following next. There was an agreement between the parties. The agreement prohibited defendant No. 1 from sub-letting the premises. His case was that the defendant was a defaulter and by subjecting he was in breach of the agreement.

(3.) Defendant contested the suit that he did not sub-let the premises but was carrying on partnership business with defendant No. 2 since 1974. The defendant paid rent regularly, but the plaintiff refused to accept rent. So he sent rent for the month of September and October 1977 by money order which was received by the plaintiff and further remitted be rent for the mouth of November 1977 by Money Order dated 6.12.77. This money order was, however, no accepted by the plaintiff and it was returned to the defendant on 19.12.77 with the endorsement "refused 12.12.77''. So the defendant started the Rent Control Case No. 211 of 1977 and started depositing rent under section 19 (1) of the Rent Control Ordinance. The contention of the defended is that be was neither a defaulter nor had he committed any breach of agreement by subletting the premises.