JEBUN NESSA ZAMAN Vs. HOSNE ARA LILI
LAWS(BANG)-2001-3-4
SUPREME COURT OF BANGLADESH
Decided on March 16,2001

Jebun Nessa Zaman Appellant
VERSUS
Hosne Ara Lili Respondents

JUDGEMENT

MD.ABDUR RASHID,J. - (1.) This Rule was obtained by defendants upon making an application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession.
(2.) Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession of the suit shop. Plaint case, in short, is that the plaintiff took monthly lease of the suit shop on 01-07-87 from the petitioner No.1 on the basis of an agreement. As per terms of the agreement, the plaintiff deposited Taka 90,000 with said petitioner as security. It was stipulated, the same amount would be returned to the plaintiff at the time of vacating the suit premises. On 29-05-95 a fresh agreement was executed in between the parties for a period of one year and the plaintiff deposited further Taka 90,000 as security with said petitioner and rent was enhanced from Taka 1,600 to 2,000. The plaintiff was carrying on the business of making and selling sweets as before. The plaintiff employed the petitioners No.2 to 5 as her employees as they were found to be expert in sweets making. Then, the plaintiff entered into an oral agreement on 11-09-95 with said petitioner Nos.2 to 5 on the stipulations that they would use the plaintiffs business establishment including goodwill, capital, furniture etc, and they would pay the plaintiff Taka 7,000 per month in lieu thereof, said petitioner Nos.2 to 5 in collusion with petitioner No.1 stopped paying the agreed money since May, 1996. On 15-07-96 petitioner No.1 refused to renew the agreement of monthly lease and also refused to return the security money. Hence, the suit.
(3.) The petitioners as defendants No.1 to 5 contested the suit by filing a joint written statement denying the case of the plaintiff.;


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