SHAHJHAN ENTERPRISE LTD. Vs. MEGHNA PETROLEUM LTD.
SUPREME COURT OF BANGLADESH
Shahjhan Enterprise Ltd.
Meghna Petroleum Ltd.
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MAHMUDUL AMIN CHOWDHURY,J. -
(1.) This appeal by leave is against judgment and decree dated 2nd June, 1997, passed by the High Court Division in First Appeal No. 122 of 1993 allowing the appeal and dismissing Title Suit No. 349 of 1987 of the First Court of Subordinate Judge, Dhaka which was filed for ejectment of defendant respondent Nos. 1-2 from the suit land and also for compensation.
(2.) The short fact leading to this appeal is that defendant No. 3 Dhaka Nawab Waqf Estate is the owner of the suit land from which estate Nawab Khawja Habibullah Bahadur took lease of the suit property by lease deed dated 1.3.1952 for a period of 25 years and took possession of the same. While in possession of the suit property as a lessee under the Waqf Estate Nawab Khawja Habibullah Bahadur inducted defendant No. 1 M/s. James Finlay and Company Limited as a monthly tenant at a rental of Tk. 25/- per month. Defendant No. 1 started business of Petrol Pump and service station on the land as a Dealer of M/s. Burmah Oil Company and then Standard Vacuum Oil Company Limited. This company was acquired by Bangladesh Government and interest of the company was transferred to Meghna Petroleum Limited who is defendant No. 2 in the suit and M/s James Finlay and Company Limited defendant No. 1 continued dealership of Petroleum Products under defendant No. 2. It is also the case of the plaintiff that 25 years lease of Nawab Khawja Habubullah Bahadur ended on 1.3.1977 whereupon defendant No. 3 Dhaka Nawab Waqf Estate became absolute owner of the suit land and was legally entitled to rent payable by defendant Nos. 1 and 2 which was raised to Tk. 600/- per month in the meantime. It is also the case of the plaintiff that defendant No. 1 M/s. James Finaly and Company Limited did not pay rent to the Waqf Estate and then the Mutwalli of estate Nawab Khawja Abdul Gani asked defendant No. 1 to finalize the matter for fresh Bhara Bangladesh with the Dhaka Nawab Waqf estate but defendant Nos. 1 and 2 took no step in this regard. Thereafter defendant No. 3 Dhaka Nawab Waqf Estate through the Mutwalli Nawab Khawja Abdul Gani took permission from the Admisntrator of Waqf to grant long term lease of the suit land and lease out the same to the plaintiff for a period of 45 years and accordingly a deed of lease was registered on 4.3.1982 and by a letter of the same date requested defendant No. 2 Meghna Petroleum Ltd.
To deliver vacant possession of the suit land in favour of the plaintiff lessee M/s Shahajahan enterprise Ltd. Who is the appellant before this court. A copy of this letter was also sent to defendant No. 1 M/s James Finlay and Company Limited but these two defendants did not respond to this letter whereupon a notice under section 106 of the Transfer of Property Act was served upon defendant Nos. 1-2 on 10.3.1982 but in spite of that they did not deliver possession to the plaintiff. It is also the case of the plaintiff that subsequently these two defendants made payment of 33 months arrear rent at a time to the Waqf Estate. Then again defendant No. 2 made an advertisement in the daily Ittefaq on 30.6.1987 about installation of self servicing machine on the suit land which prompted the appellant to file the aforesaid suit for ejectment and compensation.
(3.) Before the trial Court defendant Nos. 1 and 2 entered appearance and filed two separate written statements denying the allegations made in the plaint. Case of defendant no. 1 is that they were dealer of defendant No. 2 which was cancelled with effect from 30.6.1987 and defendant No. 2 is now running the filling station in the suit land from 1.7.1987. His further case is that defendant No. 1 took monthly lease of the suit land by lease deed on 1.8.1953 as a dealer of defendant No. 2's predecessor and said lease expired before 1971. Their further case is that defendant No.2's predecessor ESSO Eastern Company took lease of the suit land from its owner and constructed structures thereon and when defendant No. 2 took over the management of ESSO Eastern Company they continued with the business in the suit land.;
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