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4. Later on, another substantial question of law was framed vide order dated 09th January 2025 which is as follows:

"Whether the evidence led by the general power of attorney holder dated 12.03.2013 (Exhibit-2) (marked with objection), after institution of suit could have been looked into by both the courts below for the incidence/facts happened prior to institution of the suit?"

Arguments on behalf of the Appellants

5. Learned Senior counsel appearing on behalf of the appellants has submitted that it is not in dispute that the father of the defendants in the present suit was tenant in the suit premises and during the subsistence of tenancy, an agreement of sale was entered into in the year 2006 and the appellants who were the defendants in the suit continued in possession of the suit premises. He has also submitted that in view of the aforesaid agreement of sale, the suit for eviction under Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as "BBC Act") was itself not maintainable. The learned Senior counsel has submitted that the relationship of landlord and tenant ceased from the date of execution of the agreement of sale in the year 2006 and the defendants along with their father, continued to remain in possession of the suit property as part performance of the agreement of sale.