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4. On notice, Defendant No.1, who is the Appellant herein appeared and filed his written statement. However, Defendant No. 2, who is Respondent No.2 herein has been proceeded ex parte by the Trial Court. The Defendant No.2, in his written statement, took preliminary objection that suit as Patna High Court FA No.160 of 2014 dt.27-09-2023 framed is not maintainable. It is barred under the principles of estoppel, waiver and acquiescence and also barred by law of limitation. It was also claimed that suit is filed with mala fide intention, concealing relevant material facts. It is also claimed that plaintiff has no cause of action to file the suit and no ground as alleged is available to the plaintiff for eviction of suit premises under Section 11 of the BBC Act. However, the answering Defendant has admitted that he is a bona fide tenant and he is very fair to pay rent to the Plaintiff and he has paid all the rents up to date.