Lease,
Rent & Eviction) Control Act, 1982 ( hereinafter referred to as BBC Act
), thus directed to vacate the suit premises.
2. It appears that plaintiffs ... defaulter within the meaning of section 11 (1)(d) of the BBC Act, thus,
the suit is liable to be dismissed.
4. It appears that
Rent, and Eviction) Control Act (hereinafter
referred to as "the BBC Act") on ground of default in payment of rent
and also ... were taken up together and after quoting the provisions
of BBC Act, the learned court recorded as under:
"The defendant has admitted in written
Bihar Buildings (Lease, Rent and
Eviction) Control, Act, 1982 (in short BBC Act) is not applicable rather
suit is maintainable under Transfer of Property Act ... land is not covered
under the definition of building and accordingly, BBC Act is not
applicable. Even learned counsel for the appellants-defendants does
Buildings
(Lease, Rent & Eviction) Control Act, 1982 (in short "BBC Act")
was not at all applicable. The learned Senior counsel submits that ... eviction suit was not maintainable under special law of "BBC Act"
which deals with tenancy in buildings and does not deal with tenancy
Eviction) Control Act, 1982 (for short hereinafter referred to as 'BBC Act')
(ii) The plaintiff is in bonafide need of the suit premises ... framing the
issue required under Section 11(i)(d) of the BBC Act the learned trial court
has decided the issue in favour
Eviction) Control Act, 1982, (hereinafter referred to as 'the BBC Act' or 'the said Act' for short) against the judgment ... revision under the provisions of Section 14(8) of the said BBC Act, 1982.
6. Mr. L.K. Lal, learned counsel appearing on behalf
Rent, and Eviction) Control Act (hereinafter
referred to as "the BBC Act") on ground of default in payment of rent
and also ... counsel submits that
the basis of filing the suit under the BBC Act was the
relationship of landlord and tenant between the parties and
while
Lease, Rent and Eviction) Control Act (hereinafter
referred to as 'BBC Act') seeking ejectment of defendants from the
suit premises on account ... appellate court held in paragraph 10 of its
judgment that under BBC Act, the title of the landlord is not required
to be looked into
Eviction) Control, Act, 1982
-2-
( hereinafter referred to as the BBC Act) . Thus they cannot be evicted on the
ground of default. It is further ... petition filed by plaintiffs/ appellants under section 5 of BBC Act before the
Rent Controller for enhancing rent , has been dismissed. Accordingly, it is stated
Bihar Building (Lease Rent and Eviction] Control Act. 1982 (shortly the BBC Act).
6. Aggrieved by the said judgment and decree passed by the trial ... entitled to a decree under Section 11(1)(d) of the BBC Act.
7. Mr. M.M. Banerjee. learned counsel for the appellant assailed