MD. GOLAM HOSSAIN Vs. MST. ASIA KHATUN CHOWDHURY

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court Division in Civil revision No. 116 of 1982.

(2.) Leave was granted to consider the question whether the defendant-appellant was entitled to protection against eviction under section 18 of the Premises Rent Control Ordinance.

(3.) Facts are as follows: - Plaintiff-respondent brought S.C.C. Suit No. 23 of 1977 before the Subordinate Judge, 2nd Court, and S.C.C. Judge, Sylhet for eviction of the defendant appellant on the ground of default and irregularity in payment of rent. Plaintiffs case was that the defendant was a tenant in the suit premises since 1966 at a rental of Tk. 25/- per month. He defaulted in paying rent since July, 1976 and accordingly the plaintiff served a notice on 5.3.77 terminating the tenancy under section 106 of the T.P.Act and to vacate the premises. The defendant received the notice on 12.3.77 but did not vacate. Hence the suit.