Sujit Narayan Prasad, J. - (1.) This writ petition has been filed under Article 227 of the Constitution of India wherein order dated 28.02.2019 passed in Title Eviction Suit No.10 of 2004, has been assailed mainly on the ground that although the proceeding has been initiated under the Bihar Building (Lease, Rent and Eviction) Control Act, 2000 but after coming into effect of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011, the proceeding was resorted to be initiated under the provision of Act, 2011. Since there is a provision contained under Section 4 of the Act, 2011, which provides for creation of tenancy and as per which, tenancy created needs to be in writing and therefore, if tenancy have not been created in writing, their relationship does not exist.
(2.) The trial court, after looking to the provision and more particularly Section 47 of the Act, 2011, has rejected the plea of the petitioner.
(3.) This Court, after having heard the learned counsel for the petitioner and looking to the factual aspect as also the legal position as contained under Section 47 of the Act, 2011 which contains the provision of repeal and safety which speaks as follows: "47. Repeal and Saving.-(1) The Bihar Building (Lease, Rent and Eviction) Control Act, 1982 (Act No.4 of 1983) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken in exercise of any powers conferred by or under the said Act shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken." It is evident from the aforesaid provision that the Act of 2000 with a saving clause in view of the provision of Section 6 of the General Saving Clause.;