JUDGMENT :

1. The petitioner, original plaintiff in RCS No.168/2008 filed by him in the year 2008, is aggrieved by the decision of the learned Second Joint Civil Judge, Senior Division, Jalgaon, dated 12.07.2021 whereby, the counterclaim filed by the defendants has been allowed subject to payment of costs of Rs.8000/- to be paid to the petitioner/plaintiff.

2. I have heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

4. Before ruling upon the correctness of the impugned order, few facts are necessary to be narrated. The petitioner/original plaintiff is the tenant in the suit premises owned by the predecessor of the defendants Nos.1 to 5. The case of the plaintiff, as pleaded in the plaint, is that the plaintiff was inducted as a tenant in Block No.6, on the third floor of the building for the last 53 years on payment of monthly rent and the receipts to that effect are also passed. The plaintiff specifically pleaded that the building, which consisted of four floors, has become dilapidated and it requires repairs on some portions including the terrace, slabs and