MUSAMMAT MOHSENA KHATUN Vs. HABIB KNITTING MILLS

JUDGEMENT

(1.) This appeal by leave by the plaintiff appellant is from the judgment and order dated 12.2.95 passed by a Single Bench of the High Court Division in Civil Revision No. 1346 of 1993 reversing the judgment and decree passed by the learned Assistant Judge, Narayanganj, as the S.C.C. Judge on 22.4.93 decreeing S.C.C. suit No. 1 of 1987.

(2.) The appellant brought the suit for eviction of her monthly tenant, the defendant respondent, from the suit premises stating, inter alia, that the defendant is a habitual defaulter and he had caused serious damages to the suit premises by making illegal changes in the structures without her consent, that the suit premises is required for her personal use and occupation to prove her sons therein, that she had served notice under section 106 of the Transfer of Property Act terminating the tenancy and the defendant received the same on 14-10-84 but did not vacate the suit premises on the expiry of the month Chaitra 1391 B.S.

(3.) The defendant respondent contested the suit by filing written statement denying that he was a defaulter and that the premises was required for personal use and occupation of the plaintiff. He also denied the receipt of notice under section 106 of the transfer of Property Act. His further case is that the plaintiff with a bad motive had refused to accept the rent for the month of Baishak, 1389 B.S. and since thereafter he started depositing rent in the court of House Rent Controller in House Rent Control Case No. 55 of 1982, but due to inadvertance he had failed to deposit the money-order fees along with the monthly rent as such the House Rent Control Case was dismissed on 26-1-82. Against which he unsuccessfully moved upto the Appellate Division of the Supreme Court.