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2. Petitioner was defendant before the Court below. The original plaintiff (now deceased represented by his legal heirs) had filed Eviction Suit No. 18 of 2015 under Section 11

(i) (c) of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 (in short, BBC Act), claiming that Schedule 1 shop (disputed shop) belongs to him and the defendant was in need of the shop who requested to let him on rent and the shop was given on rent by executing a deed of rent dated 05.08.2008 at the rate of Rs. 800/- per month which was valid for the period of 11 months. After the expiry of 11 months the defendant did not vacate the shop but continued as tenant. The further claims of the plaintiff is that his son Kanhiya Kumar after completing his studies is unemployed and wants to start his stationary business for which the plaintiff requested the defendant to vacate the said shop but despite given assurance he failed to vacate the same. The defendant send legal notice to the sons of plaintiff giving false claim that sons of plaintiff have agreed to sale the shop and Patna High Court C.R. No.179 of 2018 dt.13-12-2022 taken advance money which has been duly replied by the sons of plaintiff. It is also submitted that the defendant stopped the payment of rent from January, 2015. It is further case of the plaintiff that the shop is very small and partial eviction does not satisfy the plaintiff and also claimed recovery of arrears of rent due from January 2015.

4. On the consideration of pleading and evidence produced on behalf of the parties learned trial Court passed the impugned judgment and decree dated 19.09.2018 in the Eviction Suit No. 18 of 2015 in favour of the plaintiff and against the defendant hence this Revision filed on behalf of the defendant- petitioner.

5. Learned senior counsel Ms. Nivedita Nirvikar appearing on behalf of the petitioner submits that the impugned judgment and decree passed by the leaned Court below is not in accordance with the provision of Section 11 (1) (c) of the BBC Act. Learned senior counsel further submits that once there is agreement of sale between a landlord and the tenant, the old relationship of landlord and tenant comes to an end. In other words, on the date of execution of the agreement of sale their status as that of landlord and tenant change into a new status as that of a purchaser and a seller.

Patna High Court C.R. No.179 of 2018 dt.13-12-2022

11. It is well settled that BBC Act is a special Act providing for speedy disposal of eviction of suit on certain grounds enumerated therein under the said Act. Eviction suit is required to be tried under summary procedure provided under the Act. To succeed in the eviction suit under the BBC Act, the landlord is required to prove contract of tenancy between the plaintiff and the tenant and also the ground on which the eviction is sought. In such a suit the learned Court is not required to go into the serious question of title otherwise the purpose of the Act would stand frustrated.