Oral Judgment:

The petitioner tenant before this Court is challenging the judgment dated 18/2/2005, delivered by the learned 5th Ad-hoc Additional District Judge, Akola in Regular Civil Appeal No. 190 of 2003 and prays for dismissal of Regular Civil Suit No.589 of 2001 filed by respondent-landlord before the Civil Judge, Senior Judge, Akola. In that suit, eviction of the petitioner and possession was sought under Section 15 & 16 of the Maharashtra Rent Control Act, 1999. The 2nd Civil Judge, Junior Division, Akola on 02/5/2003 decreed the suit partly and directed the Petitioner-tenant to handover the possession within two months. It decreed the suit only on the ground that his bona fide need was proved by the respondent-landlord.

2. In Regular Civil Appeal No.190/2003, filed by the present petitioner, a cross-objection or Counter appeal was filed by the landlord seeking entire relief as per plaint prayers. The learned 5th Ad-hoc Additional District Judge, Akola, found that the landlord proved that the tenant was in arrears of rent, plus, taxes and permitted increase and interest, totaling to Rs.9,471/-, but held that, said issue was partly proved. If further held that th