IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1452 of 2008 KESHWAR RAJAK Versus SHRI BALRAM SINGH ----------- 7. 14.11.2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order directing the petitioner to pay rent in terms of Section 15 of the B.B.C.Act does not suffer from any jurisdictional error. The relationship of landlord and tenant is admitted and the story that an agreement for sale for the shop in question was executed for which a sum of Rs. 75,000/- was advanced and that should be adjusted towards the rent is only to be noted for its being rejected. Such claim cannot be allowed to be looked into for the purpose of section 15 of the B.B.C.Act where the requirement of law would be to pay rent on the basis of last rent paid. At this stage counsel for the petitioner would crave indulgence that the amount of arrears of rent as directed by the court below may be allowed to be paid by the petitioner in three equal instalments. If the petitioner gives an undertaking to this 2 effect in the court below, the court below will fix the date of instalment after calculating the amount provided the first instalment is paid within one month from the date of the order of the court. That being so, this Court would not find any error in the impugned order and accordingly, this application is dismissed. (Mihir Kumar Jha,J.) Surendra/