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Showing contexts for: bbc act in Suresh Sharma And Ors vs Md Basiruddin on 11 September, 2015Matching Fragments
3. The case of defendants, in brief, is that the suit property is not a building as defined in Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (for short hereinafter referred to as 'BBC Act') rather it was a Parti land which was given on monthly rent of Rs.18/ to Ram Awatar Sharma (father of the defendants). After the death of Ram Awatar Sharma, the defendants inherited the tenancy and continued to pay the rent. As a matter of fact, a shed was constructed by late Ram Awatar Sharma from his own money and therefore the plaintiff is not the owner of said shed. The defendants have inherited the property left by their father. It is denied that the defendants are, or their father was, tenant of the suit premises under the plaintiff on monthly rent of Rs.500/ per month payable in the first week of succeeding month according to English Calender. It is specifically averred that the defendants have been regularly remitting the rent for the Parti land in question and it was paid up to June, 2002. They have not been given printed rent receipts on the ground of unavailability with an assurance from the plaintiff that same would be given to them on being available. It is incorrect to say that the defendants have failed to pay agreed rent to the plaintiff since July, 2002 onwards and they have not paid any rent despite the repeated request and demand made thereof. It is contended that the defendants are not defaulter in making the payment of rent. Now the suit premises is required by the plaintiff for his personal use.
6. Learned counsel appearing for the appellants has mainly raised a question that suit premises, as described in the plaint, was not given on rent to the father of the defendants rather it was a Parti land given to Ram Awatar Sharma in the year 1959 on a monthly rent of Rs.18/. It was Ram Awatar who constructed a shed thereon on his own cost. The defendants who are sons of late Ram Awatar Sharma have inherited the tenancy and the property left by their father. As a matter of fact, the plaintiff is not the owner of said shed which is described as tenanted premises in the plaint rather Parti land was given on rent. Therefore, it is not a building according to the definition given in Section 2(b) of the BBC Act. The courts below have wrongly decided the suit invoking the provision contained under BBC Act. He has relied upon the judgments reported in 1993 (1) PLJR 524 (M/s Ashok Chitra Pvt. Ltd. Vrs. State of Bihar) and 1993(2) PLJR 77 (Anant Pd. Sah Vrs. Devendra Nath Gupta) and submitted that substantial question of law on this point is required to be framed for just decision of this appeal. He has further referred ExhibitD, D/1 to D/58 and the money order coupons in support of his contention that rent was paid for the land and not for any shed or building.
9. Considering aforesaid aspects of the matter, I do not feel inclined to frame a substantial question of law that: "Whether the tenanted premises comes within the definition of Section 2(b) of the BBC Act or not ?"
Accordingly, I do not find any merit in this appeal and the same stands dismissed at the admission stage itself.
(D. N. Upadhyay, J.) Jharkhand High Court, Ranchi Dated : 11.09.2015 NKC// N.A.F.R.