Heard Mr. S.P. Roy, the learned counsel appearing for the petitioner (plaintiff) (hereinafter referred to as the “landlord”). The respondents (tenants) are represented by the learned Sr. counsel Mr. M.K. Choudhury.

2. The Title Suit No.237/1997 was filed for ejectment of the tenant and also for recovery of arrear rent. After WS was filed by the tenant, the following 5(five) issues were framed by the Trial Judge:-

“1) Whether the suit is barred by limitation?

2) Whether the defendants are defaulters in payment of rent with regard to the suit premises?

3) Whether the suit premises is bonafide required by the plaintiff?

4) Whether the plaintiff is entitled to a decree as prayed for?

5) To what other relief or reliefs the parties are entitled to?”

3. Through the judgment dated 20.01.2000, the learned Civil Judge (Sr. Division) No.2, Kamrup, Guwahati, found that the tenant defaulted in payment of rent for the month of January, 1996 and decided the Issue No.2 against the tenant. On the bonafide requirement claimed by the landlord to use the premises for starting new business, the Trial Court decided the issue against the landlord. Therefore on the basis of the defaulter find