ABDUL AZIZ Vs. ABDUL MAJID

JUDGEMENT

(1.) This appeal by the defendant following leave, is directed against the judgment and order of a Single Judge of the High Court Division passed in Civil Revision No. 2291 of 1990 affirming the judgment and decree passed by the Subordinate Judge, 3rd Court and SCC Judge, Dhaka in SCC Suit No. 6 of 1985 for ejectment of a monthly tenant.

(2.) The case of the plaintiff-respondent is that, defendant-appellant was inducted as a periodical lessee in the suit premises for a period of 11 months beginning from 1st day of December, 1983 to October, 1984 at a monthly rental of Taka 800.00 per month by a written agreement on 1.12.83. According to the plaintiff, there was an option of renewal of the tenancy with the lessor. After the expiry of the period of 11 months the plaintiff filed the suit for eviction of the defendant.

(3.) Defendant contested the suit by filing a written statement contending, inter alia, that the suit was not maintainable as no notice under section 106 of the Transfer of Property Act was served upon the defendant; that the lease in question was not a periodical lease and that he was not a defaulter in payment of rent as he regularly deposited the rent in House Rent Case No. 367 of 1984.