Section 12 in The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977
12. Eviction of tenants.
(1)Notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the Industrial Dispute Act, 1947 (Act XIV of 1947), and to those of Section 15, where a tenant is in possession of any building, he shall not be liable to eviction therefrom except in execution of a decree passed by the Court on one or more of the following grounds:-(a)for breach of the conditions of the tenancy, or for subletting the building, or any portion thereof without the consent of the landlord, or if he is an employee of the landlord occupying the building as an employee, on his ceasing to be in such employment;(b)where the condition of the building has materially deteriorated owing to acts of waste by or negligence or default of, the tenant, or of any person residing with the tenant or for whose behaviour the tenant is responsible;(c)where the building is reasonably and in good faith required by the landlord for his own occupation or for occupation of any person for whose benefit the building is held by the landlord;Provided that where the Court thinks that the reasonable requirement of such occupation may be substantially satisfied by evicting the tenant from a part only of the building and allowing the tenant to continue occupation of the rest and the tenant agrees to such occupation, the Court shall pass a decree accordingly, and fix proportionately fair rent for the portion in occupation of the tenant, which portion shall henceforth constitute the building within the meaning of clause (b) of section 2 and the rent so fixed shall be deemed to be the fair rent fixed under section 5.Explanation. - In this clause the word "landlord" shall not include an agent referred to in clause (f) of Section 2.(d)where the amount of two month's rent lawfully payable by the tenant and due from him is in arrears by not having been paid within the time fixed by contract or, in the absence of such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with Section 16; and(e)in the case of a tenant holding on a lease for a specified period on the expiry of the period of the tenancy.(2)(a)Where a servant of the Government in possession of any building as a tenant intends to vacate such building, he shall give fifteen days previous notice in writing of his intention to do so to the landlord and to the District Magistrate who shall under intimation to the landlord, within a week of the receipt of the notice, either allot the building to any other servant of the Government whom the District Magistrate thinks suitable subject to the payment of rent, and the observance of the conditions of the tenancy by such servant of the Government, or direct that the landlord shall be put in possession of the building:Provided that when no such order is passed by the District Magistrate the landlord shall be deemed to have been put in possession of the building.(b)Where a building is vacated by a servant of the Government any person occupying such building other than the persons referred to in clause (a) shall be liable to be evicted by the District Magistrate in such manner as may be prescribed:Provided that after a landlord has been, or is deemed to have been put in possession of such building, he may let it to any person.
