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Patna High Court C.Misc. No.713 of 2022(2) dt.18-11-2022 Under Section 116 of the Evidence Act, the tenant cannot dispute the Title of the landlord. However, in the present case the tenant has admitted the relationship of landlord and tenant in his written statement.

From perusal of the statutory provisions under Section 15 of the BBC Act, it is clear that if the tenant fails to deposit arrears of rent and month to month rent within the period fixed, the defence of the defendant/tenant against the ejectment shall be struck off and the tenant shall be placed in the same position as if he had not defended the claim of the ejectment. Despite the specific direction of the learned Trial Court to the petitioner to pay the arrears of rent and the current rent within 45 days from the date of the order i.e. 24.6.2019, the petitioner miserably failed to deposit the rent amount and also did not show his bona fide to pay the arrears of rent and the current rent, instead, filed a petition for measurement of the suit premises claiming that the suit premises is owned by PWD and not by the plaintiff/respondent.