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Showing contexts for: bbc act in Ram Uddeshya Singh @ Ram Udhesh Singh And ... vs Brajesh Kumar And Ors on 13 March, 2026Matching Fragments
7. The learned trial court after considering the pleadings and the evidence adduced by the parties as well as materials on record, has held that the plaintiffs are owner of the suit premises and the defendants are residing as a tenant in the suit premises. The defendants themselves accepted that before oral purchase, the plaintiffs/ancestor of the plaintiffs were the owner of the suit property. All the witnesses of the plaintiffs have clearly stated that the defendants were month to month tenant at the monthly rental of Rs. 7/- and rent was not paid since January, 1968 to 2002. The defendants neither pleaded nor adduced any evidence with regard to the payment of any rent. Patna High Court SA No.62 of 2016(11) dt.13-03-2026 Hence, the defendants are defaulter in payment of rent. They are entitled to eviction of the defendants under the The Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 ( in short ' The BBC Act'). The plaintiffs disclaimed the rent due from January, 1968 to May, 1999 which is time barred. The plaintiffs are entitled to arrears of rent at the rate of Rs. 7/- since May 1999 till May 2002 and accordingly, decreed the suit in favour of the plaintiffs.
13. The learned trial court clearly held that the defendants are tenant at the rate of Rs. 7/- per month and there is no assertion or evidence of the defendants that he paid the rent of the suit premises. Therefore, he is defaulter under Section 11 of the BBC Act.
14. Both the courts have concurrently held that there is a relationship of landlord and tenant between the plaintiffs and defendants. The plaintiffs have been able to prove that the defendants are defaulter-in-payment of rent of the suit premises and the plaintiffs have successfully proved their bona fide requirement for the suit premises and it is also admitted fact that the defendants have not paid the rent for the defaulted period. Hence, the learned courts below are quite justified in arriving at the findings with regard to the default and arrears of rent.