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4. The further case of the defendants appellants is that the plaintiff-respondent was issued a licence by the defendants appellants for dealership of the company of the petroleum product which was terminated by the company appellant. So being frustrated with the termination of license for dealership of the petroleum products, the plaintiff created the grounds and wrongly filed the eviction suit under Bihar Building (Lese Rent & Eviction Control Act, 1982. (hereinafter the same shall be referred as „BBC Act‟). Therefore, the BBC Act is not applicable. The subject matter which was let out by lease deed does not come under the definition „building‟ as defined in the BBC Act. There is term incorporated in the lease deed to give notice to the defendant demanding the rent dues for six months within 15 days and if not paid within the period after receiving notice then question of default arises.

9. The learned senior counsel, Mr. Kamal Nayan Chaubey firstly submitted that in view of the fact that only vacant piece of land was leased out to the defendants-appellants, BBC Act is not Patna High Court SA No.381 of 2010 dt.16-02-2017 applicable at all. Both the Courts below have decided the suit as if they are deciding the eviction suit under the BBC Act and moreover, the appellate Court specifically held that BBC Act is applicable. Therefore, so far the substantial question of law formulated on 09.12.2016 is most important substantial question of law. According to the learned senior counsel, if it is held that BBC Act will apply then the procedure will be different and it is to be decided under the BBC Act but if it is held that BBC Act will not apply then it is to be decided under the Transfer of Property Act.

10. So far substantial question of law No.(I) is concerned, the learned senior counsel submitted that there is specific term in the lease deed to the effect that if for consecutive six calendar months, rent is not paid, the plaintiff was required to serve a notice on the defendant to pay the rent for the aforesaid six months within 15 days and if within the said period, the due rent for six months is not paid then only the defendant can be held to be defaulter as BBC Act is not applicable. If BBC Act is applicable then also the plaintiff must comply the agreed terms. However, the Courts below have wrongly held that the defendants is defaulter, firstly, applying the BBC Act and secondly without considering the terms of demanding rent by giving notice to the defendants as aforesaid.

19. Now, let us consider the substantial question of law formulated one by one. So far the two substantial questions of law formulated on 19.09.2014 at the stage of admission are dependent on the question of applicability of BBC Act which is the third substantial question of law formulated on 9.12.2016. Therefore, I propose to consider this third substantial question of law first.

20. Substantial question No.(iii):- The main contention of the appellant is that BBC Act is not applicable but both the Courts below proceeded to decide the suit treating the same as eviction suit under the BBC Act. Both the Courts below have not decided the suit under the Transfer of Property Act nor the procedure for deciding the suit under T.P. Act is followed. Here, the lease deed was with respect to vacant land for a period of 31 years and there are terms and conditions mentioned in the lease deed ext. „A‟. Admittedly, the appellate Court has held that BBC Act will apply. Now, let us see the evidences and materials. Ext „A‟ is the registered lease deed. In this lease deed, the plaintiff claiming himself to be the owner of a piece or parcel of land measuring 5088 sq. feet leased the same to the appellant vide page 3 of the lease deed. At page 4 also, in the second paragraph it has been Patna High Court SA No.381 of 2010 dt.16-02-2017 mentioned that the lessor has offered to let out the said piece or parcel of land to the leasee. At page 4 itself from the last line of the page it has been mentioned that „all that piece or parcel of land situated in M/s Plot No.1260 appertaining to seat No.194 ward No.19 at Mohalla