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in favour of original landlord for a period of three years and thereafter there was no fresh agreement but the father of petitioner and thereafter this petitioner continued in occupation.

5. During the pendency of the eviction suit the Patna High Court C.Misc. No.1388 of 2018 dt.16-05-2023 plaintiff/respondent no. 1 filed a petition under Section 15 of the BBC Act on 15.11.2016 for direction to the petitioner to make payment of arrears as well as current rent.

7. Learned counsel for the petitioner in support of his contention place reliance on the judgment of this court in the case of Anant Prasad Sah @ Anant Kumar Gupta Vs. Devendra Nath Gupta reported in 1993 (2) PLJR 77 wherein it was held that the provisions contained in Section 2(b) of the Act, by no means, a parti land bounded with walls will be included in the definition of building and the suit was not maintainable.

8. For fixation of rent the plaintiff filed BBC Case No. 24 of 2014 under Section 5 and 8 of BBC Act, before House Controller-cum-Sub-Divisional Officer, Patna Town and in ex- Patna High Court C.Misc. No.1388 of 2018 dt.16-05-2023 parte proceeding the fair rent was fixed as Rs. 39,620/- per month (i.e. Rs. 5100 for rent of Hotel namely New Pintu Hotel, rent of house Rs. 20,520 and rent of parking area Rs. 14,000 per month) with effect from 20.03.2014 of the lease hold premises.

9. It is admitted by the petitioner that shaw mill was closed and father of petitioner constructed a shop in front of suit land which was being used for running Hotel.

10. Learned counsel for the petitioner has submitted that the learned court below has committed jurisdictional error by considering the petition under the provision of BBC Act ignoring that father of petitioner and now this petitioner has been inducted over a parti piece of land and the provision of BBC Act will not apply and the same had been earlier held by the competent court of law. Further, he has submitted that the learned court below failed to appreciate that the petition is not maintainable and the eviction suit has been filed suppressing the true facts and by making false statements which is liable to be rejected. He has further submitted that plaintiff/ respondent no. 1 may seek appropriate remedy under the Transfer of Property Act, if so advised.

13. Before passing an order under Section 15 of the BBC Act the court is required to make a summary investigation and prima facie record a finding regarding existence of relationship of landlord and tenant before directing the defendant to deposit the rent in the manner as provided under Section 15 of the BBC Act.

14. The questions may have to be gone into finally at the time of trial, but that would not bar to a tentative determination of the question of relationship of landlord and tenant at the earlier stage when the provisions of Section 15 of the BBC Act are resorted to by the landlord.