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4. The Trial Court on the basis of rival pleadings of the Patna High Court SA No.455 of 2019 dt.11-10-2022 parties framed altogether seven issues for adjudication and held vide Judgment dated 30.05.2016 that with respect to suit property there is relationship of landlord and tenant between the plaintiff and defendant and plaintiff has personal necessity of suit premises and plaintiff is entitled for a decree for eviction. The Trial Court also held that the earlier order passed by the Court under Section 15 BBC Act, was passed on the basis of documentary evidence and on the basis of admission in pleading which cannot be said to be taken by fraud. It appears that when defendant did not make payment of rent as per the order of the court then his defence was struck off and the suit was decreed with a direction to vacate the suit premises within 60 days and the plaintiff is entitled for arrears of rent from April 1993 to the date of getting possession.