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Patna High Court C.R. No.76 of 2015 dt.03-11-2017 In view of the averments made in I.A. 6419 of 2015, the delay in filing this revision petition, is, hereby, condoned and accordingly I.A.No. 6419 of 2015 stands disposed of.

Heard learned counsel for the petitioners as well as learned counsel for the opposite party.

The petitioners /defendants have filed this Civil Revision petition under section 14(8) of the Bihar Buildings (Lease, Rent and Eviction) Control Act 1982( in short BBC Act) for setting aside the judgment and decree dated 06.02.2014 passed by Munsif-I, Chapra at Saran in Eviction suit no. 04 of 2007 directing the petitioners to vacate the suit premises within 90 days, failing which the opposite party will have right to execute the decree through process of the court.

The opposite party/plaintiff filed Eviction suit no. 4 of 2007 under section 11(1) (C ) of the BBC Act, against original defendant Sarbjeet Prasad on the ground that there was coardialgood relation between the father of opposite party/ plaintiff and original defendant. The father of opposite party/ plaintiff permitted the original defendant to live in one room of his house in the month of June 1970 and since then the original defendant along with his family members was residing in the aforesaid room.

It is an admitted position that the learned court below has decreed the suit of plaintiff/ opposite party holding that the original defendant was residing in suit premises with permission of plaintiff/ opposite party and, therefore, it is obvious from the aforesaid finding of the court below that there was no relationship of landlord and tenant between the plaintiff/ opposite party as well as original defendant. It is now well settled principles of law that Eviction suit under section 14 of BBC Act can only be decreed on the grounds mentioned under section 11 of the aforesaid Act. In the above stated Act, it has, nowhere, mentioned that if a person is residing in premises with permission of owner, the suit of eviction can be filed under the aforesaid Act Therefore, in the aforesaid circumstances, in my view learned counsel for the petitioners rightly submitted that the suit of the plaintiff/ opposite party was not maintainable under the BBC Act.