Document Fragment View
Fragment Information
Showing contexts for: bbc act in Raghunath Chaudhary And Ors vs Mostt. Kamla Devi And Ors on 12 March, 2019Matching Fragments
passed by learned Munsif East, Muzaffarpur in Eviction Suit No. 3 of 2014 by which the application filed by plaintiffs/opposite parties under Section 15 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 ( for short 'BBC Act') has been allowed.
3. The facts of the case, in brief, are that Eviction Suit Patna High Court C.Misc. No.825 of 2018 dt.12-03-2019 No.3 of 2014 was filed by the plaintiffs/opposite parties for eviction of defendants/petitioners from a residential house and godown standing over Plot No. 214 K of Mohalla Nunphar Kedarnath Road in Muzaffarpur town on the ground of personal necessity as also for payment of arrears of rent. Their case is that they have personal necessity of suit premises for running business and residential purpose and the defendants are also defaulters as they did not pay rent from May, 2013.
4. The defendants contended that the plaintiffs are not in need of house and they are not defaulters as they had given Rs.3 lakh as advance on 11.12.2012 to the plaintiff no. 1 on a condition that no rent will be charged till the repayment of Rs.3 lakh.
5. During pendency of the suit, the plaintiffs filed an application under Section 15 of the BBC Act on 15.05.2017 for depositing arrears of rent from May, 2013.
8. At this stage, it would be apposite to reproduce Section 15 of the BBC Act hereunder :-
"Section 15 - Deposit of rent by tenants in suits for ejectment- (1) If, in a suit for recovery of possession of any building the tenant contests the suit as regards claim for ejectment, landlord may move an application at any stage of the suit for order on the tenant to deposit rent month by month at a rate at which it was last paid and also subject to the law to limitation, the arrears of rent, if any, and the Court after giving Patna High Court C.Misc. No.825 of 2018 dt.12-03-2019 opportunity to the parties to be heard, may make any order for deposit of rent month by month at such rate as may be determined and the arrears of rent, both before or after the institution of the suit if any and on failure of the tenant to deposit the arrears of rent within fifteen days of the date of order or the rent at such rate for any month by the fifteenth day of the next following month; the Court shall order the defence against ejectment to be struck off and the tenant to be placed in the same position as if he had not defended the claim to ejectment and further the Court shall not allow the tenant to cross-examine the landlord's witnesses.
9. From a reading of the aforesaid provision, it would be manifest that in a suit for recovery of possession of any building, at any stage of the suit, the landlord may move an application for order on the tenant to deposit rent month by month at the rate at which it was last paid and also subject to law of limitation. The question of application of Section 15 of the BBC Act depends upon relationship of the landlord and the tenant.