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