Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 – Explained in Simple Terms

Act No.: Bihar Act 4 of 1983
Year of Enactment: 1982 (brought into force retrospectively from 1 April 1981; President’s assent on 29 January 1983; published in Bihar Gazette (Extraordinary) on 21 February 1983)
Last Updated: 10 February 1994 (by the Bihar Buildings (Lease, Rent and Eviction) Control (Amendment) Act, 1993 – Bihar Act 4 of 1994)

Official Clean PDF: Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982

Official bare-act text is available on standard legal databases and compilations of Bihar State laws.

Introduction

This Act is Bihar’s main rent control and tenant protection law for private buildings (both residential and commercial). It regulates:

• how rent can be fixed and increased,
• what “fair rent” means,
• when a tenant can be evicted, and
• what remedies exist when landlords or tenants violate their duties.

The law applies throughout Bihar, and most provisions are effective from 1 April 1981, so many old tenancies are governed by it.
Over time, it has been fine-tuned by Bihar Buildings (Lease, Rent & Eviction) Control Rules, 1983 and the 1993 Amendment Act, and heavily interpreted by the Patna High Court and Supreme Court.

Structure of the Act

(The Act is section-based rather than divided into formal Chapters. For understanding, the provisions can be grouped as follows.)

Key Provisions Explained (with Bihar-focused examples)

Section 2 – Who is a “Landlord” and “Tenant”?

• Landlord includes not only the owner, but any person legally entitled to receive rent – such as a trustee, receiver, executor, or someone receiving rent on behalf of others.
• Tenant includes:
  • the original tenant,
  • a person continuing in possession after termination of tenancy,
  • certain family members on the tenant’s death (spouse, children, parents, widowed daughter-in-law) according to the order of succession,
  • but not someone against whom an eviction decree has already been passed.

Practical example (Patna):
If a shop in Boring Road was let to X, and after X’s death his widow and unmarried daughter were living and doing business there, they are “tenants” under the Act even if no fresh agreement was signed.

Section 3 – No Premium / Salami or Advance beyond One Month

A landlord cannot legally demand:

• premium, salami, fine or similar lump sum for creating or renewing a tenancy, and
• advance rent exceeding one month’s rent.

If a tenant in Gaya paid ₹2 lakh “pagdi” for a small shop, that payment is not enforceable as lawful “rent” under this Act.

Sections 5–8 – Fair Rent (Nyaayik Kiraya)

The Controller (usually the SDO / DCLR notified as Controller) can determine “fair rent”:

• Occupied building (Section 5):
  • Either landlord or tenant may apply.
  • Controller makes a summary enquiry and fixes fair rent if existing rent is “low or excessive”.
• Vacant building (Section 6):
  • Landlord or prospective tenant may apply, or Controller can act suo motu.
• Re-determination (Section 7):
  • If landlord later makes additions/improvements at his cost, fair rent can be enhanced, but capped at 3/8% per month of the cost of improvements.
• Guiding factors (Section 8, as amended 1993):
  • Prevailing local rents for similar buildings during 12 months before 1 December 1980,
  • increased cost of repairs, land and building construction,
  • and in certain cases up to 25% increase over average rent in that base period.

Example (Bhagalpur):
A tenant is paying ₹1,000 per month for a large shop where similar shops in the same bazaar fetched ₹2,000–₹2,500 in 1980. Landlord can apply; Controller may enhance fair rent upward, but only using the formula and caps in Section 8.

Sections 9–10 – Repairs and Amenities

• Landlord must do annual whitewashing, colouring and periodical repairs. If he fails even after notice, tenant may get them done up to the cost of one month’s rent and deduct from rent.
• For larger repairs, tenant may apply to Controller, who can direct landlord to repair; on failure, tenant can be allowed to repair and recover cost from landlord or adjust against rent.
• Landlord cannot cut essential amenities (water, electricity, staircase lights, lift, sanitation etc.) without just cause. If he does:
  • tenant can complain to Controller and even restore the amenity,
  • Controller can order landlord to pay cost or restore amenity, failing which tenant recovers cost as debt or set-off in rent.

Section 11 – Grounds of Eviction

A tenant can be evicted only by a court decree, and only on specified grounds, such as:

1. Breach of tenancy conditions / unlawful sub-letting / employee-tenant ceasing employment.
2. Damage / waste – material deterioration by acts of tenant.
3. Reasonable and bona fide personal requirement of landlord or beneficiary (Section 11(1)(c)):
   • Landlord must genuinely need the premises for own residence/business or for a person for whose benefit the building is held.
   • Court must consider if need is bona fide and in good faith.
   • Proviso: if need can be met by partial eviction, court should evict from part only if tenant agrees, and fix proportionate fair rent for the balance.
4. Default in rent (Section 11(1)(d)) – two months’ lawful rent in arrears, not paid within contractual time or by last day of the next month, nor validly remitted or deposited under Section 16/19 (period reduced from three to two months by 1993 Amendment).
5. Expiry of fixed-term lease (Section 11(1)(e)).
6. Eviction needed for building work ordered by Government/municipal/ development authorities (Section 11(1)(f)).

Example (Muzaffarpur):
If a landlord files eviction for “personal necessity” of his son to open a medical shop, court will check: Is the need genuine? Is there alternative suitable accommodation? If a part of the shop will reasonably suffice, court should consider partial eviction under the proviso to Section 11(1)(c).

The Supreme Court has emphasised that courts must properly apply this proviso and examine whether partial eviction can satisfy the landlord’s need before ordering total eviction.

Section 14 & 14A – Special Fast-Track Procedures

Section 14 – Summary procedure for bona fide requirement suits

• Applies to suits based only on Section 11(1)(c) or (e) (personal requirement / lease expiry).
• Tenant cannot contest unless he:
  • files an affidavit with grounds of defence, and
  • obtains leave of the court.
• If leave is refused or tenant does not appear, statements of landlord are deemed admitted and decree follows.
• Procedure is similar to Small Causes Courts; no appeal or second appeal lies, but revision to High Court is possible within 60 days.

Section 14A – Special provisions for active / ex-servicemen (inserted by 1993 Amendment)

• Where landlord is in active military service/ex-serviceman or his family is in genuine need of house, a faster eviction route is provided with:
  • 15 days’ summons,
  • strict affidavit requirement for tenant’s defence,
  • day-to-day hearing, and
  • limited time (maximum 2 months) to vacate after order.
• If landlord or eligible family member does not occupy the house within 3 months or re-lets it within 3 years to someone else, the evicted tenant can seek restoration on old terms.

Patna High Court has repeatedly explained that this special procedure aims at speedy relief where bona fide requirement is clear, while still allowing limited revisional control to the High Court.

Sections 15–21 – Deposits, Receipts and Controller’s Fair-Rent List

• In eviction suits, landlord can seek order for monthly deposit of rent and arrears; if tenant fails to deposit within time, his defence against eviction is struck off and he cannot cross-examine landlord’s witnesses (Section 15).
• Where there is dispute about who is entitled to rent, court may direct deposit; frivolous disputes can lead to strike-off of defence (Section 15(3)).
• If landlord refuses to accept rent, tenant can remit by postal money order or deposit before Controller when there is a bona fide doubt about the person entitled to receive it (Section 19). Patna High Court has held that refusal to accept rent is a key condition for remittance through money order.
• Tenant is entitled to a rent receipt for every payment; failure without reasonable cause can attract fine up to double the rent paid (Section 20).
• Controller maintains an up-to-date list of fair rents, open for public inspection (Section 21).

Sections 22–27 – Authorities, Appeals and Revision

• Controller has powers to inspect buildings, call for documents and summon witnesses with powers similar to a civil court. Proceedings before Controller, Appellate Authority and Commissioner are treated as judicial proceedings.
• Orders of Controller are appealable to the Appellate Authority (Collector/Additional Collector) within 15 days.
• Commissioner has revisional powers over orders of Controller/Appellate Authority (Section 26).
• Section 27 requires reasonable notice to landlord and tenant before exercising key powers.

Sections 28–34 – Penalties, Exemptions and Rules

• General contravention of the Act can be punished with imprisonment up to 2 years, fine, or both (Section 28).
• Buildings owned by State Government, Central Government, local authorities, specified Jain trusts and Waqf under Bihar State Waqf Board are exempt (Section 32).
• State Government may frame rules – which it has done through the Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983.

Practical Implications in Bihar

1. For Tenants (Residential & Commercial):
   • You cannot be legally thrown out by mere notice or police pressure; only a civil court decree on grounds under Section 11 can evict you.
   • Regular rent payment, keeping receipts and using the deposit mechanisms under Sections 15 and 19 is crucial to avoid being branded a “defaulter”.
   • If landlord cuts water/electricity to “force you out”, complaint to Controller is a statutory remedy.
2. For Landlords (individual owners, small developers, shop-owners):
   • You can seek fair rent enhancement if your rent is too low compared to the 1980 base period and current costs.
   • For genuine personal requirement (e.g., son’s clinic in Patna, own residence in Muzaffarpur), Section 11(1)(c) read with Section 14 provides a relatively faster mechanism, if you strictly follow the procedure (plead facts clearly; oppose leave applications properly).
   • For ex-servicemen and their families, Section 14A gives an even more focused remedy.
3. For Government Bodies and Authorities (Municipalities, Development Authorities, BIADA, etc.):
   • When you issue building or demolition orders requiring premises to be vacated, landlords may rely on Section 11(1)(f) as a ground for eviction, subject to court scrutiny.
   • Government-owned premises are generally governed instead by the Bihar Government Premises (Rent Recovery and Eviction) Act, 1956, not by this rent control Act.
4. For Courts and Revenue Administration:
   • Controllers, Additional Collectors, DCLRs and Commissioners exercise important quasi-judicial powers, often parallel to civil courts. Notifications have designated Additional Collectors and DCLRs as Appellate Authorities / Controllers in their jurisdictions.

FAQs – Real Questions People Ask in Bihar

Q1. Does this Act apply to both residential and commercial buildings?
Yes. “Building” includes any house, hut or part of a building let for residential or non-residential purposes, along with gardens, outhouses and furnished premises.

Q2. How many months’ default makes a tenant liable for eviction?
After the 1993 Amendment, two months’ arrears (lawfully payable and not paid/deposited in time) can be a ground for eviction under Section 11(1)(d).

Q3. Can rent be increased freely if both parties agree?
No. Any increase must still respect the fair rent framework. Even with agreement, arbitrary hikes contrary to the Act can be challenged before the Controller.

Q4. My landlord refuses to accept rent. What should I do?
You may:

• send rent by postal money order, and
• if there is a dispute about who is entitled to receive it, deposit rent with the Controller in the prescribed manner. This protects you from being treated as a defaulter.

Q5. Are government quarters and Waqf properties covered by this Act?
No. Premises where landlord is Government, local authority or certain specified trusts/Waqf boards are exempt under Section 32; different laws and procedures apply there.

Q6. Does this Act still matter after creation of Jharkhand?
Yes, for Bihar it continues to be the main rent control statute. Jharkhand has now enacted its own 2011 Act, but that is separate and applies there, not in Bihar.

Case Laws & Examples

1. Jainarayan Prasad Choudhary v. State of Bihar (Patna High Court, 1996) – Validity of Fair Rent Formula

A Full Bench of the Patna High Court examined Section 8(1)(c) and its proviso, particularly the use of “12 months preceding 1 December 1980” as the base period for fixing fair rent.
The Court held that this formula is neither harsh nor unreasonable, and upheld the validity of the provision and linked Rule 3 of the 1983 Rule.

Takeaway: Challenges to fair-rent fixation must be argued within the framework of Section 8 and the Rules; the provision itself is constitutionally sound.

2. K.D. Dewan v. Harbhajan S. Parihar (Supreme Court, 2001) – Personal Requirement & Partial Eviction

The Supreme Court dealt with a decree for eviction under Section 11(1)(c). The High Court had set aside the eviction; the Supreme Court stressed that:

• the landlord’s bona fide and reasonable need must be assessed carefully, and
• courts must properly apply the proviso regarding partial eviction, examining if landlord’s need can be met by evicting from only a part of the premises.

Takeaway: In Bihar eviction suits for personal necessity, both landlords and tenants must lead evidence and arguments on whether partial eviction will reasonably satisfy the landlord’s requirement.

Summary

The Bihar Buildings (Lease, Rent & Eviction) Control Act, 1982 is a detailed rent-control law crafted to balance the interests of tenants (protection from arbitrary eviction and excessive rent) and landlords (reasonable return and genuine need for premises). It applies across Bihar and covers virtually all private residential and commercial tenancies, except specified Government and trust-owned buildings.

At its heart, the Act:

• bans premium/salami and restricts rent increases;
• establishes a structured system for fair rent fixation, using 1 December 1980 as a historic benchmark, with scope for rise based on cost of repairs and construction;
• imposes clear duties on landlords for repairs and amenities, giving tenants practical remedies;
• strictly limits eviction to certain grounds (breach, damage, personal requirement, default, lease expiry, necessary building work) and insists on a civil court decree;
• provides fast-track procedures for suits based purely on personal requirement or lease expiry, and special protection to active/ex-servicemen and their families;
• regulates rent payment, deposit, and receipts, including consequences like strike-off of defence if a tenant disobeys court orders to deposit rent; and
• sets up a hierarchy of Controller → Appellate Authority → Commissioner / High Court, with criminal penalties for violations.

In day-to-day Bihar practice, this Act is central to disputes over shops in bazaars, flats in cities like Patna or Gaya, and small residential houses across districts. Whether someone is defending eviction, seeking enhancement of an outdated rent, or dealing with issues like repairs, amenity cut-offs or succession to tenancy, the starting point remains this statute, interpreted through a large body of Patna High Court and Supreme Court decisions.

A Hindi version of this explainer can be prepared on request, with the same structure and Bihar focus.

Related Laws & Instruments

• Bihar Buildings (Lease, Rent and Eviction) Control Rules, 1983 – procedural details, forms, fair-rent calculations.
• Bihar Government Premises (Rent Recovery and Eviction) Act, 1956 – governs eviction and rent for Government-owned premises in Bihar.
• Earlier rent laws now repealed but relevant historically:
  • Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947, and
  • Bihar Buildings (Lease, Rent and Eviction) Control Act, 1977.

This article is part of Samvida Law Associates’ effort to simplify Bihar’s laws for public understanding. For individual legal problems, it is always advisable to consult a qualified advocate.

Disclaimer: This post is for informational purposes only and does not constitute legal advice.