NEW LAXMI CYCLE COMPANY AKOLA Vs. JAGDISHCHANDRA

JUDGEMENT

(1.) The petitioner tenant before this Court is challenging the judgment dated 18/2/2005, delivered by the learned 5th Adhoc 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 respondentlandlord 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 petitionertenant to handover the possession within two months. It decreed the suit only on the ground that his bona fide need was proved by the respondentlandlord.

(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 the grievance about nuisance by the tenant was also substantiated. It found that bona fide need was not established by the landlord. It, therefore, maintained the decree of eviction, but on theground of arrears of rent for the year 20012002 and for causing nuisance.

(3.) It is not in dispute that the petitioner is tenant of a godown situated in the area, known as 'Mangaldas Market' of Akola and his tenancy is yearly, commencing from Diwali and ending by Diwali of succeeding year. The rent is stated to be Rs.3,360/ for 12 months i.e. monthly rent of Rs.280/. The respondentlandlord issued notice dated 11/8/ 2001 to the petitioner and informed them that the petitioner has to pay advance yearly rent of Rs.3,360/, amount of Rs.280/ for 'Adhik Mass' and municipal taxes. It was stated that the petitioner was in arrears of taxes for last two years and taxes for 12 months came to Rs. 1,478/. The landlord also stated that during the Diwali2000 to Diwali2001, there was Adhik Mass and petitioner did not pay the rent of Rs.280/ for said Adhik Mass. The landlord, therefore, demanded these amounts along with permissible interest of @ 15% per annum and threatened with suit for eviction as per Section 15 of the Maharashtra Rent Control Act, in default. He also mentioned that by carrying activity of assembling bicycles in open land in front of godown, the petitioner was creating nuisance and obstruction to landlord and other occupiers in Mangaldas Market. The petitioner was, therefore, called upon to stop that activity.