admitted fact that the earlier suit was
filed under the BBC Act. The eviction decree was passed under
the BBC Act
between the parties.
8. Section 23 of the Provincial Small Cause Courts Act,
1887 clearly shows that when the right of a plaintiff ... violative of either of
provisions of section 14 of the BBC Act or section 24 of the Small
Cause Courts Act and even
Lease, Rent
and Eviction Control) Act, 1982 (hereinafter referred to as
BBC Act).
5
2025:JHHC:35816
III. In response to the advertisement published
Lease, Rent
and Eviction Control) Act, 1982 (hereinafter referred to as
BBC Act).
5
2025:JHHC:35816
III. In response to the advertisement published
Buildings
(Lease, Rent & Eviction) Control Act (in short 'the BBC Act')
seeking direction to the defendants to pay the arrears of rent ... clauses (f) and
(h) of Section 2 of the BBC Act and the court while deciding
eviction suit cannot decide the question of title. Failing
Rent and Eviction) Control Act, 1982
(hereinafter referred to as "BBC Act") was itself not maintainable.
The learned Senior counsel has submitted that
Lease, Rent and Eviction) Control Act, 1982 ( in
short ' The BBC Act'). The plaintiffs disclaimed the rent due
from January ... 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
tried through special procedure, is revision under Section 14(8)
of BBC Act and this revision is practically the continuation of
the original suit
necessity as contemplated under Section 11(1)(c) of the BBC Act is required to be decided.
Section 11(1)(c) of the BBC Act
least while deciding an application under Section 15 of the said Act, the Court has only to record a prima facie finding whether the land ... Court may apply the provisions of Section 15 of the BBC Act and pass necessary orders for deposit of arrears of rent.
19. Having regard