Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree (dated 9th October, 2012 of the Court of Addl. District Judge-06 (West District), Tis Hazari Courts in Civil Suit No.312/2012 filed by the respondent/plaintiff) (i) of ejectment of the appellant/defendant from the entire first floor of building No.1, Basant Lok, Vasant Vihar, New Delhi; (ii) recovery from the appellant/defendant of arrears of rent amounting to Rs.2,12,850/-for the period from 1st August, 1994 to 30th June, 1995 along with simple interest at 15% per annum; (iii) for recovery from the appellant/defendant of mesne profits/damages for use and occupation at Rs.40,000/-per month w.e.f. 1st July, 1995 till the delivery of possession of the premises together with interest at 15% per annum on arrears thereof from the end of each month and till the date of payment. The appellant/defendant has been permitted to adjust from the amount so payable by him the amounts paid to the respondent/plaintiff during the pendency of the suit.

2. Notice of the appeal was issued and the Trial Court record requisitioned; however rather than imposing any condition of deposit/payment on the appellant/defendant for st