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Heard the learned counsel for the petitioner.
The learned counsel for the petitioner has submitted that the plaintiff-landlord has filed a suit for eviction as Eviction Suit No.4 of 2013, which was decreed by the Court below. Against that decree, the Appeal was filed and pending before the Additional District Judge, Samastipur as Eviction Appeal No.3 of 2018. Learned counsel for the petitioner has submitted further that the suit was only on the ground of personal necessity under Section 11(1)(c) of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (hereinafter referred to as the 'BBC Act'), as such, the decree may only be challenged Patna High Court C.Misc. No.378 of 2021(2) dt.01-12-2021 under revisional jurisdiction under Section 14(8) of the BBC Act and the Appeal was not maintainable. The respondent has filed the petition dated 05.02.2019 for hearing the matter on the point of maintainability but after lapse of two years that petition has not been disposed of as yet.