Indian Kanoon - Search engine for Indian Law

19. Mr. Abbas Haider, learned counsel for the appellants submitted that the present suit was filed for eviction of defendants on the ground of default in payment of rent and for payment of arrears of rent. The eviction suit has been filed invoking the provisions of Bihar Buildings (Lease, Rent and Eviction) Control Act. It is further submitted that the established legal position governing the eviction suit which is brought within the scope of the BBC Act is that, there has to be an established landlord-tenant relationship between the plaintiffs and defendants of the case. It is further submitted that the oral gift deed of 01.01.1946 by Tamiz Ahmad Khan to his wife in presence of his mother, Amna Khatoon has not been considered in correct perspective. The wife of Tamiz Ahmad Khan died issueless leaving behind his two brothers Patna High Court SA No.315 of 2008 dt.11-03-2026 namely, Jalil Akhtar Khan (original defendant) and Abdul Waheed Khan. It is further submitted that during pendency of the Title Appeal, the original defendant-appellant, Jalil Akhtar Khan died on 07.03.2004 and an application for substituting the names of his heirs was filed on 01.05.2004 wherein, Abdul Wahid Khan was arrayed as appellant no. 9. The said Abdul Wahid Khan died on 11.05.2008 during the pendency of title appeal and an application for substitution of the names of his heirs was filed but the judgment was passed against a dead person. The judgment against a dead person is nullity in the eyes of law because the legal heirs of the deceased party did not get an opportunity to represent their case.