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Heard the learned counsel Mr. Vishwanath Chaudhary for the petitioner.

Perused the impugned order dated 05.09.2016 passed by Sub-Judge V, Patna in Title Suit No. 5328/2014, whereby the application filed by the respondent for unlocking the suit premises has been allowed by the court below.

Admittedly, the petitioner has filed eviction suit under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 for eviction of the tenant-respondent being Eviction Suit No. 144/2015. Therefore, the petitioner, herein, is admitting the fact that the respondent is tenant under her. The eviction suit is pending and no decree for eviction has been passed. Section 11 of the BBC Act provides that notwithstanding anything contained in any contract or law to the contrary but subject to the provisions of the Industrial Disputes Act and to those of Section 18, where a tenant is in possession of any building, he shall not be liable to be evicted therefrom except in execution of a decree passed by the court on one or more of the following grounds: