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2. The suit was filed under the provisions of the then Bihar Building (Lease, Rent and Eviction) Control Act (hereinafter referred to as 'BBC Act') seeking ejectment of defendants from the suit premises on account of default in payment of rent and also for a decree of arrears of rent to the extent of Rs. 25,200/- for 36 months i.e., from 10.07.2000 to 09.07.2003.

2025:JHHC:32266 Arguments of the appellants.

22. The learned 1st appellate court held in paragraph 10 of its judgment that under BBC Act, the title of the landlord is not required to be looked into, rather only the relationship of landlord and tenant between the parties is required to be ascertained and the conditions i.e., breach of payment of monthly rent and personal necessity of landlord are required to be fulfilled and ultimately, having found that these points were duly satisfied, the appeal was dismissed.

23. The judgment passed in the suit for specific performance of contract in Title Suit No. 171 of 2003 has been upheld in Civil Appeal No. 02 of 2021 vide judgment dated 28.02.2025 passed by the Additional Judicial Commissioner, Ranchi. The trial court's judgment regarding the specific performance of contract was already exhibited before the learned trial court in the present case. The appeal against the said judgment passed in the suit for specific performance of contract, has also been dismissed.

24. This Court finds that the learned 1st appellate court has held that the agreement of sale itself was null and void as it was for a Khas Mahal property belonging to the Government. It has also come on record that the plaintiff was claiming the property on the basis of a gift 2025:JHHC:32266 deed which was also not sustainable in law and the Court confined itself to the scope of the BBC Act and held that the title of the landlord is not required to be looked into, rather only the relationship of landlord and tenant between the parties is required to be ascertained and the conditions i.e., breach of payment of monthly rent and personal necessity of landlord are required to be fulfilled and ultimately, having found that these points were duly satisfied, the 1st appeal was dismissed.