MD. SIDDIQULLAH Vs. SUFURA KHATUN

JUDGEMENT

(1.) This petition for Leave to Appeal is directed against the judgment and order dated 05.07.2005 passed by the High Court Division in Civil Revision No. 2693 of 2002 discharged the Rule with modification.

(2.) The respondents as plaintiffs instituted a S.C.C. Suit No.13 of 1994 before the 2nd Court of Assistant Judge, Dhaka which was subsequently transferred to the 3rd Court of Senior Assistant Judge and renumbered as S.C.C. Suit No.4 of 2002; that in the said S.C.C. suit the petitioners were impleaded as defendants with a prayer for their eviction from the suit premise alleging, inter alia, that the defendants were inducted as tenants in the suit premise by the plaintiffs on the basis of a deed of agreement dated 26.10.1988 and that the defendants paid rents up to the months of August, 1993 and thereafter they did not pay the rent to the plaintiffs and became defaulters; that the plaintiffs issued a notice under Section 106 of the Transfer of Property Act upon the defendants on 11.07.1994 asking them to vacate the suit premise on 31.07.1994 and that the defendants after receiving the notice gave a reply dated 26.07.1994 denying the plaintiffs claim and hence the suit.

(3.) The present petitioners as defendants contested the suit by filing written statement denying the plaintiffs' case stating inter alia, that the plaintiffs though received the rents from the defendants in time but were in the habit of not issuing rent receipt and the plaintiffs took some money as loan from defendant No.2 and the defendant No. 2 used to write it in a account book and in terms of the account book the plaintiffs took a total amount of Tk. 8,462.00 between 13.04.1989 to 29.12.1991 and after adjustment of Tk.700.00 against rent for January,1992 the plaintiffs issued a receipt and the balance amount realizable form the plaintiffs stood at Tk. 7762.00and the plaintiffs adjusted Tk.200.00 against the rent for the month of February, 1992 and the balance amount realizable from the plaintiff till 13.06.1994 stood at Tk. 32,448.00 and in such situation the defendants took rent of one room from plaintiff No.3 on 15.06.1994 on payment of security for Tk. 20,000.00that the rest amount for Tk. 12,464.00 was adjusted against rent for 2 months and rent receipt was paid to the defendants on 22.06.1994; that defendant paid rents for the months from September, 1993 to January, 1995 but did not give any receipt for the said amount and the Bazar Committee could not settle the dispute between the parties and in view of the decision of the Bazar Committee the defendants remitted rent for the month of February, 1995 on 04.02.1995 by money order which was not received by the plaintiffs and the money order was returned to the defendants on 15.02.1995 and that the defendants deposited the rent to the concerned rent controller on 19.02.1995 in rent deposit Case No.6 of 1995 and paid rent regularly in the said rent deposit case and prayed for dismissal of the suit.