Decided on December 01,2001

Ishaque (Md) Appellant
Ekramul Huque Chowdhury Respondents


MD.GHOLAM RABBANI,J. - (1.) Two brothers respondent Nos. 1 and 2, instituted a title suit against the appellant for a decree of khas possession after evicting the defendant including the appellant from the suit premises which is a shop room of 15 cubits in length and 10 cubits in breadth bearing municipal new folding No. 208 of Mahalla Jamal Khan at 82, Shahid Saifuddin Khaled Road within the municipality of Chittagong and also for arrear rents and compensation for use and occupations.
(2.) Plaint case, in short, was this. Jana Jiban Dutta was the owner of the suit premises. He let out the same to the defendant-appellant as a monthly tenant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced Islam and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered notice under section 106 of the T.P Act.
(3.) Defendant No. 1 appellant contest the suit by filing a written statement. His case, in short was this. He took lease of the suit premises from Jana Jiban Dutta in 1952 and made construction thereon. He recorded his name in the municipality and also in the PS Khatian. He denied relationship of landlord and monthly tenant between himself and the plaintiff or their vendor. Other non- contesting defendants are the tenants under the defendant No. 1.;

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