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5. On receiving notices, the Defendant Nos.1 and 2 representing IOC appeared and filed their written statement jointly and asserted, interalia, as under: -

I. The suit is not maintainable and is only a counter blast to the suit filed by the defendants against the plaintiff for decree of specific performance of contract which has been registered as Title Suit No.66/2000 pending in the court of Munsif, Ranchi. II. The suit is in fact a suit for eviction of the defendant from suit property under the provision of Bihar Building (Lease, Rent and Eviction Control) Act, 1982 (hereinafter referred to as BBC Act).