Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Premises Rent Control Ordinance | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Sections 2 & 18 |
Termination of tenancy—Position of legal representative of a deceased
tenant—A tenant under the Ordinance is same as a lessee under the TP Act
and the monthly tenancy is also a lease under section 105 TP Act, Tenancy
has not been defined in the Ordinance, but it clearly falls within "lease''
as defined in section 105. "Tenancy" relates to "premises" which has been
defined in the Ordinance. Lease covers all immovable property including a
premises.
|
Pradhip Das alias Shambhu & others vs Kazal Das Sarma & others | 44 DLR (AD) 1 |
Section 2 (Uma) |
A person continuing in possession after termination. of a tenancy in his favour is also a tenant. Abdul Aziz vs Abdul Majid 46 DLR (AD) 121. |
Abdul Aziz vs Abdul Majid | 46 DLR (AD) 121 |
Section 2(8) |
Definition of tenant occurring in section 2(8}—lt is the respondent who by his letter dated 7—12—83 informed the appellant that he was not ready to allow her to, continue as a tenant on the existing rent but demanded higher rent of Taka 4000 as against Tk.750 under the agreement, due to expire by 31—12—83. Maria Keshi D'Rozario vs Hasan Movies Ltd. 41 DLR (AD) 135. |
Maria Keshi D'Rozario vs Hasan Movies Ltd. | 41 DLR (AD) 135 |
Section 2(5) |
Explanation. The word ‘premises’ includes not only a building or hut but also grounds, among other things Abdul Mutaleb Vs. Musammat Rezia Begum (1970) 22 DLR (SC) 134. |
Abdul Mutaleb Vs. Musammat Rezia Begum | 22 DLR (SC) 134 |
Sections 8, 9, 18 (6), 19 |
Whether rent includes WASA charge and nonpayment thereof renders a tenant
defaulter—
|
Continental Corporation (Pvt) Ltd. Vs. Alhaj Md. Ismail | 1 MLR (AD) 141 |
Sections 9 and 10 |
Payment of municipal tax — Whether the agreement that such tax for the
premises would be payable by the tenant is void? —
|
Meherunnessa Khatun Vs. Abdul Latif an4 another | 6 BLD (AD) 279 |
Section 9 |
Municipal tax or rate may, by arrangement, be paid either by the landlord or the tenant. Maherunnessa Khatun vs Abdul Latif 38 DLR (AD) 196. |
Maherunnessa Khatun vs Abdul Latif | 38 DLR (AD) 196 |
Sections 9 & 10 |
Section IO merely prohibits the premium, salami, etc. and acceptance of rent exceeding one month's rent in advance without written consent of the Controller. Maherunnessa Khatun vs Abdul Latif 38 DLR (AD) 196. |
Maherunnessa Khatun vs Abdul Latif | 38 DLR (AD) 196 |
Sections 9 & 10 |
What has been held in 38 DLR (AD) I explained—Tenant in occupation was compelled to pay arrears municipal tax which must be deducted from payment of rent due. Maherunnessa Khatun vs Abdul Latif 38 ·DLR (AD) 196. |
Maherunnessa Khatun vs Abdul Latif | 38 ·DLR (AD) 196 |
Section 10 |
Premises Rent Control Ordinance, 1963
|
Banichitra Pratisthan Ltd. =VS= Bilkis Begum | 3 LM (AD) 46 |
Section 10(a)(b) |
S. 10(a)(b) Advance payment of rent for a premises hit by S. 10(b) of the
Act—Agreement for advance payment of rent hit by S. 23 of the Contact
Act.
|
Shamsuddin Ahmed Vs. Mohd. Hassan | 31 DLR (AD) 155 |
Section 10 |
Section- 10(1 )(a)(b) of the Premises Rent Control Ordinance prohibits acceptance of any payment of any premium, salami, fine or any other like sum in addition to the rent exceeding one month’s rent of such premises as rent in advance. Admittedly the landlord received Tk. 2,300/- from the tenant as advance/security whereas he cannot take rent more than one month under the law and as such the learned Single Judge of the High Court Division correctly held that the agreement was void as it is hit by Section-lO of the Premises Rent Control Ordinance. [Para-7] Md. Abdus Salam & Ors. Vs. Md. … Miah 7 BLT(AD)-323 |
Md. Abdus Salam & Ors. Vs. Md. … Miah | 7 BLT (AD) 323 |
Section 10(b) |
Agreement contrary to law is void. Transfer of Property Act, 1882—
Section 106— Notice terminating tenancy—
|
Rafique Sowdagar (Mohd) Vs. Haji Ahmed Mia Sowdagar | 4 MLR (AD) 410 |
Section 13 |
Section 13 makes it obligatory for the landlord to give a written receipt of payment of rent. Rule 6 of the Premises Rent Control Rules 1964 prescribed the form. Maherunnessa Khatun vs Abdul Latif 38 DLR (AD) 196. |
Maherunnessa Khatun vs Abdul Latif | 38 DLR (AD) 196 |
Sections 13, 27 |
The non-issuance of rent receipt by the landlord is the offence of the landlord himself-who refuses or fails to issue rent receipt to the tenant– It is clear that the non-issuance of rent receipt is an offence which has been made punishable with fine by this very provision of law. The refusal or failure to issue rent receipt is violation of law (section 13 of Premises Rent Control Ordinance) and as such it is undoubtedly an offence. To curb this type of offence the legislature willfully introduced this section 27 in the Premises Rent Control Ordinance. However, the non-issuance of rent receipt by the landlord is the offence of the landlord himself-who refuses or fails to issue rent receipt to the tenant. For this offence of the landlord his heirs or anybody else cannot be made liable. The person who commits the offence only is liable to be punished, no one else can be punished for the offence of other. The case filed under section 27 of the Premises Rent Control Ordinance abated at the death of the landlord defendant. The impugned judgment and order of the High Court Division is set aside and that of the appellate court below is hereby affirmed. …Dulal Kanti =VS= Tapan Singha, (Civil), 2020 (1) [8 LM (AD) 150] ....View Full Judgment |
Dulal Kanti =VS= Tapan Singha | 8 LM (AD) 150 |
Section 13 |
In the present case, exhibits ‘Kha’ and ‘Gha’ are indicative of good relationship between the parties. Hence non-filing of the rent receipts by itself will not be so material as from the evidence on record admittedly the unadjusted amount remains in the hands of the plaintiffs—the defendant having actually proved the payment of rent by oral and documentary evidences the trial court including the learned Single Judge of the High Court Division wrongly held the defendant to be a defaulter. I Para-16] Monaranjan Barua Vs. Mirza Masud Hossain & Ors. 4 BLT (AD)-192 |
Monaranjan Barua Vs. Mirza Masud Hossain & Ors. | 4 BLT (AD) 192 |
Section 14 |
Adjustment of rent against security deposit — Whether can be allowed in a suit for selectmen?—On the tenant’s application within six months from the date of payment of security deposit the House Rent Controller can order adjustment against rents if the tenant so desires — Such application does not appear to have been made — No order exists adjusting the rents against the security deposit — This cannot be made now after the landlord instituted the suit for eviction of the tenants. Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another, 5 BLD (AD) 77. |
Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another | 5 BLD (AD) 77 |
Sections 14(b) and 18(2) |
Default in payment of rent — When the tenant paid tax to the Municipality in compliance of a distress warrant, non-payment of rent to the extent of the amount of tax so paid whether will make the tenant defaulter? — Whether payment of taxes is adjustable against rent ? — Payment of arrear tax which. was paid to the credit of the previous owner is adjustable, if the application is made before the Controller at the option of the tenant when the Controller will be obliged to order the adjustment of any sum so paid or deposited in any other manner. Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain and others Vs. Md. Amir Hossain, 6BLD (AD) 91 |
Mst. Esarunnessa Bibi being dead her heirs Amjad Hossain and others Vs. Md. Amir Hossain | 6 BLD (AD) 91 |
Section 14(b) |
Provisions of law leave no room for doubt . that such payment of tax is adjustable and authorised by law. Esarunnessa Bibi vs Amir Hossain 38 DLR (AD) 1. |
Esarunnessa Bibi vs Amir Hossain | 38 DLR (AD) 1 |
Section 18(5) |
The petitioners, being defaulters, cannot get the protection of section
18(5) of the Premises Rent Control Ordinance –
|
A.T.M. Nasiruddin =VS= Md. Abdul Khaleque | 4 LM (AD) 38 |
Sections 18(5) and 19 (2) |
When a bonafide doubt or dispute arises as to who is entitled to receive
the rent as per section 18 of the Ordinance, the rent may be deposited by
the tenant within a fortnight of the date on which the rent becomes due or
from the expiry of the time within which such rent is required to be paid
under sub-section (5) of Section 18. The question of bonafide doubt or
dispute as to who is entitled to receive rent pre-supposes a dispute as to
the ownership of the premises. Unfounded plea of bonafide dispute will not
entitle the tenant to invoke the provision of sub-section (2) of Section 19
of the Ordinance.
|
Abul Hossain Vs. Md. Islam | 15 BLD (AD) 9 |
Sections 18(1) (5) and 19 |
Payment of rent in lump—A tenant paying rent of several months in a lump shall ordinarily be treated as defaulter unless there is contract to the contrary or such payment is covered by waiver or acquiescence on the part of the landlord. P.K Chakraborty Vs. A.P. Chowdhuiy and others, 1 BLD (AD) 19 |
P.K Chakraborty Vs. A.P. Chowdhuiy and others | 1 BLD (AD) 19 |
Sections 18(1)(5) |
Landlord and tenant — Tenant failing to pay rent due to supervening circumstances, war of liberation compelling him to leave the premises for fear of life — Tenant is not deprived of the protection under section 18(1). Kalu Mondal Vs. Begum Frilatunnessa, 1 BLD (AD) 207 |
Kalu Mondal Vs. Begum Frilatunnessa | 1 BLD (AD) 207 |
Sections 18(5) and 19 |
Ejectment of tenant on the ground of default in payment of rent — Protection against selectmen — To avail the protection against ejectment, the tenant was required to deposit rents of every month within. 15th of the following month, even after termination of the tenancy. Nowab Mean . Vs. Nur Nahar. Begum, 4 BLD (AD) 74 |
Nowab Mean . Vs. Nur Nahar. Begum, | 4 BLD (AD) 74 |
Section 18(5) |
Time limit for payment of rent — Whether can be varied except by a written contract — No implied contract can be said to have been created simply by payment and acceptance of rents for several months at a time — Such irregular payment also did not constitute an waiver of the right to receive payment as laid down in the statute — In the absence of a written contract non-payment of rent within the 15th day of the month next following that for which rent is payable shall make the tenant a defaulter. M/s. A. Hoque and Co. and another Vs. Al-haj Zakir Hossàin, 4 BLD (AD) 298 |
M/s. A. Hoque and Co. and another Vs. Al-haj Zakir Hossain, | 4 BLD (AD) 298 |
Section 18(5) |
Maintainability of rent deposit case — Whether deposit of rent without cost of transmission by money order is a valid deposit — Simple deposit of the amount of rent without depositing the cost of transmission by postal money orders cannot be considered to be a valid deposit — Such case is not maintainable. Mir M.A. Razzaque and others Vs. Md. Abdul Hai Patwari, 5 BLD (AD) 97 |
Mir M.A. Razzaque and others Vs. Md. Abdul Hai Patwari, | 5 BLD (AD) 97 |
Section 18 |
Waiver of default — Default in payment of rent whether is waiver by
subsequent acceptance of the rent for the period of default at a time —
Mere acceptance of rent is not sufficient to constitute waiver — Whether
there has been any waiver by the landlord must be gathered from the facts
of each case —
|
M/s. Binning and Co. (Bangladesh) Ltd. Vs. M/s. Naziabad Properties Ltd; | 6 BLD (AD) 354 |
Section 18(1)(e) |
Onus probandi —When onus is arbitrarily shifted and found not discharged — The plaintiff did not examine any independent witness in support of its case that the food supplied by the defendant’s canteen was not good — Trial Court arbitrarily shifted the onus on the defendant for proving its defence plea — The plaintiff therefore failed to bring its case home that he needed the tenanted premises for efficient management of the canteen — Evidence Act, 1872 (I of 1872), S. 102. M/s. Channel Cinema Ltd. Vs. Chowdhury Golam Malek, 10BLD (AD) 82 |
M/s. Channel Cinema Ltd. Vs. Chowdhury Golam Malek, | 10 BLD (AD) 82 |
Section 18 |
Requirement of the demised premises for an adult son and a widowed daughter cannot be said to be a requirement of anyone else other than the plaintiffs because they are very much within his family. Nur Begum vs Dr Yusuf Ahmed & another 50 DLR (AD) 210. |
Nur Begum vs Dr Yusuf Ahmed & another | 50 DLR (AD) 210 |
Section 18 |
Default made by a tenant in payment of rent within time specified in section 18 cannot be overcome by subsequent payment of rent to avoid eviction. Subsequent acceptance of rent by the landlord paid beyond the due date will amount to waiver. The plea of waiver must be. taken at the earliest opportunity. Messrs Binning & Co. (Bangladesh) Ltd vs Nasirabad Properties 40 DLR (AD) 89. |
Messrs Binning & Co. (Bangladesh) Ltd vs Nasirabad Properties | 40 DLR (AD) 89 |
Section 18 |
The· statutory restrictions relating to payment of monthly· rent within 15th day of the next month, if discharged by the tenant will disentitle him to the protection against eviction for default in payment of rent Mere acceptance of rent by the landlord without objection or protest is not sufficient to constitute waiver. Messrs Binning & Co. (Bangladesh) Ltd vs Messrs Nasirabad Properties 40 DLR (AD) 89. |
Messrs Binning & Co. (Bangladesh) Ltd vs Messrs Nasirabad Properties | 40 DLR (AD) 89 |
Section 18 |
The plea of waiver must be taken in his pleading by the tenant and at the trial where it should be raised as an issue. Binning & Co. (Bangladesh) Ltd vs Nasirabad Properties 40 DLR (AD) 89. |
Binning & Co. (Bangladesh) Ltd vs Nasirabad Properties | 40 DLR (AD) 89 |
Section 18 |
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.
|
Golam Hossain vs Asia Khatun Chowdhury | 40 DLR (AD) 1 |
Sections 18 A 19(1)(Ka) |
Under section 19(Ka) of the Ordinance the Court is not to see whether the tenant bas paid rent within time under section 18 of the Ordinance but whether the tenant is depositing the rent within 15 days of refusal of the rent by the landlord. Rabeya Khatun vs Md Saidur Rahman 56 DLR (AD) 19. |
Rabeya Khatun vs Md Saidur Rahman | 56 DLR (AD) 19 |
Section 18(1) |
The landlord is under legal obligation to prove that he needs the premises for bonafide requirement. Expansion of existing business run in a shop room adjacent to the room let out constitutes bona fide requirement. Zaher Ahmed vs Manik Sardar 53 DLR (AD) 63 |
Zaher Ahmed vs Manik Sardar | 53 DLR (AD) 63 |
Section 18(1)(5) |
Payment of rent in lump does not save a tenant from the mischief of the Ordinance making him a defaulter. Messrs Binning & Co. (Bangladesh) Ltd vs Messrs Nasirabad Properties Ltd 40 DLR (AD) 89. |
Messrs Binning & Co. (Bangladesh) Ltd vs Messrs Nasirabad Properties Ltd | 40 DLR (AD) 89 |
Section 18(1)(5) |
When the tenancy itself was terminated, a sub—lease created by the tenant cannot be said to have subsisted. It appears that the High Court Division omitted to consider that when defendant No. I was admittedly a tenant of the appellants predecessor Abdul Aziz Bepari who inducted defendant No. 2 into the suit premises without the consent and knowledge of the latter such transaction was of the nature of sub—lease, though not binding upon the landlord who was unaware of it.. No question of giving consent to the sub—lease could, therefore, ever arise. Moreover, when the tenancy itself which was created in favour of defendant No. 1 by the appellants' predecessor was terminated, a sublease in favour of defendant No. 2 by the tenant cannot be said to have subsisted. A sub-leasee can be said to be trespasser in the circumstances of the case. Technicalities of law may sometimes prove to be of great value in winning even a bad case, but the defendant cannot hope to win on such technicalities alone. Tajabunnessa vs Nazma Begum 40 DLR (AD) 36. |
Tajabunnessa vs Nazma Begum | 40 DLR (AD) 36 |
Section 18(1)(5) |
Payment of rent—Protection against ejectment—The provision contemplates an enquiry as to whether the tenant was entitled to the benefit of the protection from ejectment due to non-payment of rent. The enquiry becomes all the more necessary when the tenant comes with a positive case that due to some abnormal situation it was beyond his control to pay rent. Conditions like war of liberation should be read in the statutory provision as an exception clause to the sub-section. Kalu Mandal vs Begum Fazilatun Nessa 46 DLR (AD) 53. |
Kalu Mandal vs Begum Fazilatun Nessa | 46 DLR (AD) 53 |
Section 18(1)(e) |
Appellate Court did not consider the plaintiff's case of bonafide requirement—Finding cannot be termed concurrent. Channel Cinema Ltd vs Chowdhury Golam Malek 42 DLR (AD) 119. |
Channel Cinema Ltd vs Chowdhury Golam Malek | 42 DLR (AD) 119 |
Section 18(1)(e) |
Prayer for remand to the appellate Court for re-consideration of evidence of the parties—Prayer rejected—Court held that the cause of justice will be hampered instead of its being furthered if such prayer allowed. Channel Cinema Ltd vs Chowdhury Golam Malek 42 DLR (AD) 119. |
Channel Cinema Ltd vs Chowdhury Golam Malek | 42 DLR (AD) 119 |
Section 18(1)(e) |
Independent witness—Plaintiff's failure to examine such witness—Trial Court's wrong shifting of the onus on the defendant when case's onus probandi was not discharged by the plaintiff himself. Channel Cinema Ltd vs Chowdhury GolamMalek 42 DLR (AD) 119. |
Channel Cinema Ltd vs Chowdhury Golam Malek | 42 DLR (AD) 119 |
Section 18(1)(e) |
What cause or causes under section 18(l)(c) of the Ordinance will satisfy the Court as to the landlord's bonafide requirement of the premises for allowing a prayer for eviction will depend upon the facts and circumstances —of each particular case. Channel Cinema Ltd vs Chowdhury Golam Malek 42 DLR (AD) 119. |
Channel Cinema Ltd vs Chowdhury Golam Malek | 42 DLR (AD) 119 |
Section 18(1)(e) |
The expiry of the period of lease or the fact that the interest of landlord
has been transferred shall not by itself be a satisfactory ground to evict
a tenant.
|
Abdul Aziz vs Abdul Majid | 46 DLR (AD) 121 |
Section 18(1)(e) |
Bonafide requirement, ambit of—The plaintiff while residing at Comilla stated that he needed, the suit house at Dhaka for his own accommodation as and when he would come to Dhaka for treatment of serious ailments. It was not necessary for him to show that he was planning to shift· to Dhaka. It was enough if he needed the house for his own accommodation for occasional treatment of his serious ailments. As for the requirement of his family members besides the plaintiff himself, his son stated that he was doing business at Dhaka staying at the house of his sister and they had no other house except the suit house at Dhaka. This is a clear enough expression of a compelling necessity. Chand (Md) Miah Sawdagar vs SMA Rahman 43 DLR (AD) 225. |
Chand (Md) Miah Sawdagar vs SMA Rahman | 43 DLR (AD) 225 |
Section 18(2) |
Provisions of law leave no room for doubt that such payment of tax is adjustable and authorised by law. Esarunessa Bibi vs Amir Hossain 38 DLR (AD) 1. |
Esarunessa Bibi vs Amir Hossain | 38 DLR (AD) 1 |
Section 18(3) |
Meaning of the word "transfer" occurring in section 18(3) of the Ordinance—Significance of the prepositions "from" and "to" in the meaning of "Transfer" which shows complete cessation of the interest of the transferor. Begum Motia Akhtar Khanam vs Shawkat Ara and others 42 DLR (AD) 26. |
Begum Motia Akhtar Khanam vs Shawkat Ara and others | 42 DLR (AD) 26 |
Section 18(3) |
Whether section 18(3) is applicable against the defendants is in question. It can come into operation only ifthe tenants have sublet or transferred their undertaking together with the premises to the third person. No case has been made out that defendant Nos. 1 & 2 have transferred their interest to defendant No. 3. The former have not gone away from the premises leaving it to the latter and in this view of the matter, the High Court Division has taken a wrong view of the law. Begum Motia Akhtar Khanam vs Shawkat Ara 42 DLR (AD) 26. |
Begum Motia Akhtar Khanam vs Shawkat Ara | 42 DLR (AD) 26 |
Section 18(5) |
Whether the time limit for payment of rents as fixed in the statute itself can be varied except in accordance with a written contract—Whether such variation can be made by oral contract and secondly whether there can be existence of an oral contract that can be proved by subsequent conduct of the landlord and the tenant—Interpretation of sub-section (5) of section 18 of the Ordinance and the conduct of the plaintiff—respondent in granting month—wise rent receipts show that the landlord truly understood the express language and provisions of sub-section (5) in the right manner. No implied contract either can be said to have been created· simply by the fact of payment and acceptance of rents for several months at a time—Such irregular payment did not also constitute any waiver of the right to receive rents as laid down in the aforesaid sub-section. Appellants having defaulted in paying rents within 15 days of the month next following that for which the rent is payable in accordance with the provisions of sub-section (5) of section 18 of the Ordinance cannot escape eviction. A Haque vs Zakir Hossain 40 DLR (AD) 109. |
A Haque vs Zakir Hossain | 40 DLR (AD) 109 |
Section 18(5) |
Rent to be paid by the 5th of each current month according to the agreement. Whether the appellant can claim the benefit of section 18(5). Maria Keshi D' Rozario vs Hasan Movies Ltd 41 DLR (AD) 135. |
Maria Keshi D' Rozario vs Hasan Movies Ltd | 41 DLR (AD) 135 |
Section 18(5) |
Onus to bring a case within the ambit of section 19 as to deposit lies on the tenant and conditions for remittance by MO and deposit with the Rent Controller are to be fulfilled before deposit is made—All these conditions having been fulfilled by the tenant, deposit made on 14-3-1984 is a valid one in this case. Maria Keshi D' Rozario vs Hasan Movies Ltd 41 DLR (AD) 135. |
Maria Keshi D' Rozario vs Hasan Movies Ltd. | 41 DLR (AD) 135 |
Section 18(5) |
Landlords had in their hands unadjusted amount of money paid by the defendant tenant which could be easily adjusted towards payment of rent, the latter would not be held a defaulter and evicted as a tenant. Monoranjan Barua vs Mirza Masud Hossain and others 48 DLR (AD) 130. |
Monoranjan Barua vs Mirza Masud Hossain and others | 48 DLR (AD) 130 |
Sections 18(5) and 19 |
When rent was deposited with the House Rent Controller within the statutory period of 15 days after the return of the First Money Order dated 8-2-1984 undelivered 'as refused' on 29-2-1984, the second Money Order dated 15-3-1984 was not necessary—Deposit of rent was made on 14-3- 1984 under section 19 of the Ordinance within 15 days from the return of the Money Order on 29-2- 1984. Maria Keshi D' Rozario vs Hasan Movies Ltd. 41 DLR (AD) 135. |
Maria Keshi D' Rozario vs Hasan Movies Ltd. | 41 DLR (AD) 135 |
Section 18(6) |
Charges and rates which a tenant is usually liable to pay for the utilities such as electricity, water, gas etc, are not part of the rent of the premises. These payments are generally made to the authorities who provide for the said utilities. A landlord is not entitled to the said charges or rates for the simple reason that he does not supply the same to the tenant. Continental Corporation (Pvt) Ltd vs Al-Haj Md Ismail 48 DLR (AD) 90. |
Continental Corporation (Pvt) Ltd vs Al-Haj Md Ismail | 48 DLR (AD) 90 |
Section 19 |
Deposit of rent — Whether deposit aft transfer by the landlord may continue by impleading the transferee landlord — Such deposit cannot be taken as a ground to resin ejectment by the transferee landlords — ho- pleading the transferee landlords in the Reni deposit case filed against the previous landlord is a clear device to avoid payment of t to the plaintiffs — They may not be entitled to rents prior to the transfer but they are entitled to it since the transfer and this having n been paid’ the tenants were defaulters. Basiruddin Ahmed and another Vs. Dhirendra Mohan Das and another. 4BLD (AD) 180 |
Basiruddin Ahmed and another Vs. Dhirendra Mohan Das and another. | 4 BLD (AD) 180 |
Section 19 |
There is no statutory provision which requires that rent is to be paid or tendered personally by the tenant to the landlord. Al-Hajj Mirjahan vs Golden Biscuit Company 45 DLR (AD) 166. |
Al-Hajj Mirjahan vs Golden Biscuit Company | 45 DLR (AD) 166 |
Section 19 (2) |
S. 19 (2). Provisions of sub-section (2) of s. 19 have no relevance when
the premises has been transferred to the clear knowledge of the tenant
occupying the premises.
|
Basiruddin Ahmed & ors. Vs. Dhirendra Mohan Das | 36 DLR (AD) 191 |
Section 19(1) |
Since the tenant paid rent lastly in 1987 and in the background of the tenant’s case that she offered rent in 1396 B.S. i.e. in 1989. the tenant was a defaulter while filed Miscellaneous cases. It may be mentioned Miscellaneous cases under section 19(1) of the Ordinance was filed in 1991 for depositing the rent of 1989. The learned Counsel could not place any material before us that after 1987 the tenant paid or offered rent of the years i.e. for 1988-1990. In that state of the matter the trial Court held that the tenant was a defaulter in the payment of rent but the appellate Court while setting aside the order of the trial Court did not reverse that material finding that the tenant i.e. the present petitioner is a defaulter. The High Court Division has rightly held that the Miscellaneous cases were not maintainable since tenant was defaulter prior to the filing of the cases under section 19(1) of the Ordinance. Mst. Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah 16 BLT (AD) 169. |
Mst. Hosne Ara Begum Vs. Md. Mozaffar Ahmed Meah | 16 BLT (AD) 169 |
Section 19(1) |
Tenant was found unauthorized and illegal possessor of the suit premises–
The learned Senior Assistant Judge, Sylhet and House Rent Controller by his
judgment and order dated 07.04.1999 dismissed the Rent Deposit Case No.21
of 1997 on the ground that since the original tenant Ataur Rahman died,thus
the tenant landlord relationship between the petitioners and opposite
parties became seized.
|
Masumur Rahman (Md.) =VS= Shahar Banu Begum(Mrs.) | 9 LM (AD) 5 |
Section 20 |
The Premises Rent Control Ordinance, 1984
|
Intekhab Ahmed Khan =VS= Sabbir Ahmed Chowdhury | 8 LM (AD) 178 |
Section 20 |
The Premises Rent Control Ordinance, 1984
|
Intekhab Ahmed Khan =VS= Sabbir Ahmed Chowdhury | 8 LM (AD) 178 |