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Showing contexts for: bbc act in Pawan Kumar Jaiswal vs Smt. Krishna Sinha on 7 January, 2026Matching Fragments
2. The suit for eviction was filed under the provisions of Bihar Building (Lease, Rent, and Eviction) Control Act (hereinafter referred to as "the BBC Act") on ground of default in payment of rent and also on account of personal necessity. The suit was decreed on both the grounds and the appeal has been dismissed. Consequently, the defendant is the appellant before this Court.
3. The appeal was admitted vide order dated 10.09.2025 by framing substantial question which was slightly modified vide order dated 06.01.2026. Consequently, this 2nd appeal is to be heard on the following substantial questions of law:
18. The learned counsel has then referred to both the memorandum of agreement and the agreement of sale, which were marked as Exhibit A and E respectively, but with objection. He has referred to the terms and clauses of the agreement of the year 2008.
19. The learned counsel then referred to the judgement passed by the learned trial court and submitted that issue nos.3, 4, 6 and 7 are relevant for the purposes of the adjudication of the substantial question of law involved in this case. He has submitted that issue nos.3, 4 and 5 were taken up together and after quoting the provisions of BBC Act, the learned court recorded as under:
25. He has further submitted that had the plaintiff filed a suit for recovery of possession by claiming title, then the defendant would not have been in a position to claim the protection of Section 53A of Transfer of Property Act as admittedly the agreement was unregistered. The learned counsel submits that the basis of filing the suit under the BBC Act was the relationship of landlord and tenant between the parties and while deciding the relationship of landlord and tenant between the parties, the agreement has been completely overlooked on the erroneous application of law.
35. The learned counsel submits that even if the clause of agreement is taken into consideration, then also there is at best deferment in payment of rent in terms of the agreement, but the learned courts have given concurrent finding on the bonafide requirement of the landlady which is a distinct ground for eviction under the BBC Act. He submits that there being no intention of termination of tenancy between the parties and even if the ground of default is not sustained, the eviction on account of bonafide necessity will still be sustainable to uphold the decree of eviction of the suit property.