Document Fragment View
Fragment Information
Showing contexts for: bbc act in Om Prakash Kesri vs Puran Ram And Others on 19 June, 2025Matching Fragments
3. The learned Senior counsel further submits that the agreement for sale (exhibit-A) reveals that the suit property was a vacant land and therefore, it is submitted that the provision of Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (in short "BBC Act") was not at all applicable. The learned Senior counsel submits that both the learned courts have failed to consider the agreement for sale (exhibit-A) properly which was an agreement for sale of vacant land and what was being paid as rent was the rent of vacant land @ Rs. 100/- and it was not rent for any building or constructed property over the land and therefore, on the face of the agreement (exhibit-A), the eviction suit was not maintainable under special law of "BBC Act"
Arguments of the Respondents.
5. Learned counsel for the respondents, while referring to the substantial question of law no. (A) has submitted that both the learned courts considered the evidences on record particularly the evidence of D.W. -1 on the basis of which it has been concluded that in the year 1985 itself, when the tenancy had commenced between Narendra Prasad Sinha and the defendant, there was a structure over the premises but the roof was in a dilapidated condition. The learned counsel has referred to paragraph 21 of the trial court's judgment relating to issue no. (1) and (2) and has submitted that every aspect of the matter has been considered while deciding the maintainability of the suit under the BBC Act, and the findings have been affirmed by the learned 1st appellate court.
6. The learned counsel for the respondents has also submitted that tenancy was created way back in the year 1985 and at that point of time itself the suit land was not a vacant land and having a structure thereon, therefore, the provision of BBC Act was duly applicable. He submits that merely because in Exhibit- A there is a mention of vacant land, the same is not a conclusive proof. Exhibit- A is an unregistered document and the learned courts have considered the evidences on record to come to a finding that at the time of tenancy, the suit land was not vacant land.