Evictable tenant
The since the respondent is not a
defaulter as found by S. C. C Judge and as per approved plan (Exhibit-2) by the
Sylhet Municipality for construction of the first floor over the existing
ground floor of the suit shop, it is not necessary to evict the respondent from
the ground floor of the suit shop. But the learned S. C. C Judge without
considering the above aspect of the case erroneously held that the plaintiff
has been able to prove bonafide requirement and the learned Single Judge of the
High Court Division after the consideration of the case of the parties,
exhibits and deposi- tion of both the parities rightly held that the appellant
failed to make out a case of requirement. Nezma Khatun Chowdhury vs Abdul
khaleque (Syed J. R. Mudassir Husain J)(Civil)3 ADC 143
