Heard Mr. T.C. Khetri, the learned Senior Counsel appearing for the Judgment-Debtor (J.D) who has analogously filed a Revision petition as well as Second Appeal, to challenge the ejectment decree passed against them. Also heard Mr. S. Dutta, the learned Senior Counsel appearing for the Decree-Holders (D.Hs).

2. The Title Suit No. 44/2005 was filed for ejectment and khas possession with the plea of rent default and bona fide requirement. It was pleaded that the defendant failed to pay the rent despite demand and the plaintiffs required the shop premises for use of their two sons.

3. The defendant filed written statement (W.S) with the plea that rent was paid regularly and when the tendered rent was refused by the landlord, the rent was deposited in Court. The general plea of non-maintainability of the suit was also advanced by the defendant.

3. on the basis of the pleadings, the following Issues were framed–

“1. Whether there is cause of action in the suit?

2. Whether the suit is maintainable in law and fact?

3. Whether the defendant is defaulted to pay rent for the suit premises?

4. Whether the suit premises is bonafide required to the plaintiffs?

5. Whether the suit is bad for non