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Showing contexts for: bbc act in Parmeshwari Devi & Ors vs Bajrangi Sao & Ors on 2 May, 2018Matching Fragments
Heard learned counsel for the appellants.
The plaintiff-respondent had filed Title Suit No. 12 of 1982 against the appellants under the provisions of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short 'BBC Act') on 3.02.1982 on two grounds. Firstly that the plaintiff- respondent has personal necessity and secondly that the appellants are defaulter in payment of rent of December, 1981 and January, 1982.
The learned trial court dismissed the suit, however, learned lower appellate court has decreed the suit on the ground of default in payment of rent.
The substantial question of law to be considered is Patna High Court SA No.80 o f 1998 (9) dt.02-05-2018 whether the lower appellate court has erred in law in holding that the appellants are defaulter in payment of rent of the months of December, 1981 and January, 1982 on the date of institution of the suit on 3.02.1982 whereas Section 11(1)(d) of the BBC Act stipulates for payment of due rent of two months by the last day of the month next following that for which the rent is payable or within the time fixed by contract which is not a case at hand.