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passed by the learned Munsif, Bettiah in Eviction Suit No. 02 of 2020, whereby and whereunder the learned Munsif, Bettiah has rejected the petition filed by the petitioner under Section 15 of the Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 (hereinafter referred to as 'the BBC Act').

03. Learned counsel for the petitioner submits that the Patna High Court C.Misc. No.651 of 2023 dt.06-02-2024 petitioner is plaintiff before the learned trial court and has filed Eviction Suit No. 02 of 2020 for decree of eviction against the respondent no.1 and had also prayed for handing over the possession of the suit property apart from payment of arrears of rent. Learned counsel further submits that in the case in hand the respondent no. 2 is the proforma respondent as no relief has been sought against him and he has been made party only because he was impleaded as defendant no.2 in Eviction Suit No. 02 of 2020 before the learned trial court and the petitioner has already filed Civil Misc. No. 695 of 2023 against respondent no. 2 of this case praying for the same relief. The respondent no.1 is the tenant and an agreement was executed between the petitioner and respondent no. 1 on 01.06.2019 and it was agreed that the respondent no.1 has to pay monthly rent @ Rs. 3,000/- per month apart from electricity bill. The respondent no.1 paid the rent to the petitioner till 31.12.2019 and thereafter stopped the payment of rent since January, 2020. The respondent no. 1 also violated the terms of agreement. After expiry of lease period on 30.04.2020, notice was given to the respondent no. 1 to vacate the premises, but the respondent no. 1 did not vacate the premises and thereafter eviction suit was filed by the petitioner. Learned counsel further submits that after notice, the Patna High Court C.Misc. No.651 of 2023 dt.06-02-2024 respondent no.1 appeared before the learned trial court and filed his written statement denying the title of the plaintiff and relationship of landlord and tenant. The respondent no.1 claimed that an agreement to sale was executed by the plaintiff in favour of the respondent no.1 on 15.02.2020 and the consideration money was Rs. 15,10,000/- out of which the respondent no.1 paid Rs. 10,00,000/-. The respondent no.1 further claimed that as per deed of agreement, there was no relation of tenant and landlord between the parties.

04. Learned counsel further submits that after completion of pleadings of the parties, petitioner filed a petition under Section 15 of the BBC Act for payment of rent claiming arrears of rent dues amounting to Rs. 84,000/- @ 3,000/- per month. In his rejoinder, the respondent no.1 stated that he was not liable to pay rent to the petitioner as respondent no.1 was tenant of plaintiff till December, 2019 and thereafter the respondent no.1 has paid Rs. 10,00,000/- to respondent no. 1 and only Rs. 5,10,000/- was to be paid at the time of execution of sale-deed. Learned counsel further submits that the learned trial court after hearing the parties rejected the petition of the petitioner filed under Section 15 of the BBC Act by a cryptic order. Learned counsel further submits that the learned trial Patna High Court C.Misc. No.651 of 2023 dt.06-02-2024 court failed to exercise the jurisdiction vested in it by passing a non-speaking order. The learned trial court did not consider the fact that tenancy was admitted and if any agreement was made between the parties it would not confer title over the person who has got an agreement of sale in his favour. Unless the rights are decided by a competent court, no title will pass to the respondent no. 1 as he has no right in property. Further, the respondent no. 1 has not filed any suit for specific performance against the petitioner even after expiry of period of three years as provided in so called agreement to sale. Learned counsel further submits that the relationship of landlord and tenant is admitted and payment of rent is also admitted, though there is different version of petitioner and respondent no.1 about the period till the rent was paid. Further, the petitioner has no where admitted execution of agreement of sale in faovur of the respondent no.1 and as the respondent no.1 has taken up this defence, the option available to the respondent no.1 is to get the right enforced for specific performance of contract and the respondent no.1 does not get any right unless the agreement is performed by the petitioner. On this aspect, learned counsel relies on a decision of the of this Court in the case of Ramashish Rai Vs. Baijnath Mishra & Anr., reported in 1998 Patna High Court C.Misc. No.651 of 2023 dt.06-02-2024 (3) PLJR 862 submitting that in this case the question for consideration was whether the plaintiff has a legal right to restrain the respondent no.1 from alienating the suit land by obtaining an order of interim injunction on the basis of agreement of sale and a Co-ordinate Bench of this Court held that an agreement to sale creates a right in personam and it does not create any right in the property. The same proposition was reiterated in the case of Bindhyachal Prasad & Ors. Vs. Sitaram Patwa & Ors., reported in 2023 (1) BLJ 708. Learned counsel further submits that if any agreement is entered into between the parties and pursuant to that agreement possession is handed over, it becomes essential for the parties to get the documents registered and without any registration of document, possession cannot be handed over. Learned counsel further submits that order of the learned court below is erroneous and bad in the eye of law without exercising the jurisdiction vested in it.

07. Accordingly, the order dated 15.04.2023 passed by the learned Munsif, Bettiah in Eviction Suit No. 02 of 2020 stands set-aside and the petition under Section 15, BBC Act filed by the petitioner is allowed and respondent no.1 is directed to pay arrears of rent from January, 2020 to up till now @ Rs. 3,000/- per month, within three months from the date of this Patna High Court C.Misc. No.651 of 2023 dt.06-02-2024 order and also to pay the monthly rent @ Rs. 3,000/- per month on or before 15th of each month during pendency of the eviction suit before the learned trial court.