Law:

Section:

East Bengal Premises Rent Control Act (XVI of 1953), S. 17 (1) (e) Words "own occupation" Embrace occupation of such members of landlord's family as are dependent on him¬-Dependence may be for accommodation only. The words "own occupation" in clause (e) of subsection (1) of section 17 of the East Bengal Premises Rent Control Act (XVI of 1953) do not mean only occupation by the landlord himself but embrace the occupation also of such members of his family as are dependent on him. Further, the expression "own occupation" does not mean occupation of the landlord himself along with such other members of the family as are dependent on him in all respects. If any member of such family, though not dependent for his or her maintenance on the landlord himself is, at the same time dependent on him for accommodation it will come within the meaning of "dependent" on the landlord. Mulla Mahbubali and others v. Jonabali and another P L D 1957 Dacca 544 rel. THIS JUDGMENT DELIVERED BY: CHOWDHURY, JUSTICE---.--- This Rule by the tenant is directed against the order of District Judge, Dacca, in appeal on an application by the landlord for permission to sue the tenant defendant for ejectment from the disputed premises. 2. The facts of the case, shortly stated, are that the landlord opposite party started a case, being House Rent Control ease No. 253 of 1957, before the House Rent Controller of Dacca for permission to sue the petitioner tenant in ejectment on the allegation that she required the house for her own occupation. The nature of occupation stated was to accommodate a chamber to her son, a Barrister at Law, practising in the Dacca High Court, as; in her residential house where she resides along with her son and other family members, she cannot accommodate a chamber for her son. 3. The House Rent Controller found on evidence that the requirement alleged was bona fide and granted permission to sue the petitioner tenant in ejectment. 4. On appeal by the tenant, the learned District Judge affirmed the decision of the House Rent Controller. Hence this Rule. 5. Two points were raised by Mr. Roy, the learned Advocate for the petitioner, in support of the Rule. His first point…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492