BINAY KUMAR MAHESHWARI Vs. FANINDRA PRASAD MISHRA

JUDGEMENT

(1.) THIS civil revision by the defendant is directed against the order dated 14.5.99 in Title suit No. 26/94 dismissing his objection as to maintainability of the suit.

(2.) THE suit has been filed for eviction on the ground of expiry of period of tenancy in terms of Section 11(1) (e) of the Bihar Buildings (Lease, Rent, and Eviction) Control Act, 1982 (in short 'the BBC Act '). The objection of the petitioner is two -fold. Firstly it is said that as the subject -matter of the lease is a vacant piece of land, the provisions of the BBC Act are not applicable, and secondly, in any view, the special procedure laid down under section 14 of the said Act would not apply. In support of the plea that the subject matter of the land is a vacant piece of land, Shri Sidheshwari Prasad Singh, learned counsel for the petitioner placed frontal reliance on the description of the premises as mentioned in the schedule to the lease deed. Shri Chittaranjan Sinha, learned counsel for the opposite party, on the other hand, referred to the recitals of the deed in support of his contention that what was leased out and the subject -matter of the lease, is building and not any vacant land. At this stage it would be useful to refer to the description of the premises as mentioned in the schedule and then to refer to the relevant recitals of the deed as under:

(3.) IN support of the contention that the BBC Act is not applicable to vacant piece of land, reliance was placed on behalf of the petitioner on a decision in M/s. Ashok Chitra Private Ltd. vs. State of Bihar,1993{1) PLJR 24, but in view of what has been stated above, the decision has no relevance.