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10. Learned counsel for the appellant, on the other hand, has submitted that the substantial question of law framed herein is proper. It is settled law that for vacant piece of land, Bihar Buildings (Lease, Rent and Eviction) Control, Act, 1982 (in short BBC Act) is not applicable rather suit is maintainable under Transfer of Property Act, 1882.

11. Coming to the issue on the substantial question of law, relevant para- 25 of the judgment relied by the learned counsel for the respondent- plaintiff in the case of Syeda Rahimunnisa (Supra) are quoted hereinbelow:-

14. So far as the present proceeding is concerned, it is admitted position by both parties that learned Trial Court has jurisdiction to entertain the suit, be territorial, pecuniary and subject matter. The present dispute has been raised regarding the subject matter. Learned Trial Court has jurisdiction to entertain the suit under both law i.e. Transfer of Property Act, 1882 and BBC Act. The suit has proceeded in accordance with the provisions of Code of Civil Procedure. Documentary and oral evidence has been laid by both the parties, which are as follows:-

We assume that it is not a case of default as we have been regularly sending you the rental cheques in time. Hence, we request not to complicate the matter by draw this to the Court of law.

We look forward to your usual co-operation in the matter.

Thanking you,

17. Thus from the contents of Exhibits, it appears that 30 days notice was given to the appellants-defendants, which is requirement under Section 106 of the Transfer of Property Act, 1882. Default in payment of rent is the ground for eviction under the BBC Act but in the present case, the matter is covered under Section 111(g) of the Transfer of Property Act, 1882, which is quoted hereinbelow:-

18. From conjoint reading of Section 111(g) of the Transfer of Property Act, 1882 and terms of lease as quoted hereinabove, it is clear that default in payment of rent is a ground for evicting lessee from the suit land as per the terms of lease. For eviction from suit land, 30 days notice was contemplated in the agreement that has also been complied by the plaintiff-respondent.

19. Counsel for the appellants-defendants could not point out any reason or logic wherein it can be held that both the Courts below has granted relief under the BBC Act and not under the Transfer of Property Act, 1882.