The court highlighted the significance of specific denials in pleadings and the relevance of title as a landlord in a landlord-tenant dispute.

Rajiv Sahai Endlaw, J.

1. The appeal impugns the judgment and decree (dated 8th November, 2013 of the Court of Additional District Judge (ADJ)-06, West District, Tis Hazari Courts, Delhi in CS No.139/2012 filed by the respondent/plaintiff) on admissions, of ejectment of the appellant from property No.104, Rewari Line Industrial Area, Phase I, also known as Mayapuri Industrial Area, Phase-I, New Delhi, earlier in the tenancy of the appellant under the respondent/plaintiff.

2. Though this is a first appeal and comes up for the first time today but since the counsel for the respondent/plaintiff has appeared on caveat and this being a dispute between the landlord and tenant regarding vacation of the premises, the law whereon, owing to long history and plethora of such litigations, stands crystallized and since copies of the entire trial court record have been filed along with the memorandum of appeal, with consent, the counsels have been finally heard on the appeal.

3. The respondent/plaintiff instituted the suit from which this appeal arises, pleading:

(i) that the respondent/plaintiff is the lessor/owner of the property to the extent of 1/3rd share therein;

(ii) that the appellant/defendant no.1 M/s. Precision Steels, a partnership firm of the defendants No.2 to 5 Sh. Deepak Bhasin, Smt. Sarita Bhasin, Sh. Anshuman Bhasin and Sh. Gagan Bhasin (against whom also decree for possession has been passed but who have not joined in filing of the appeal and who are also not impleaded as respondents) had approached the respondent/plaintiff to lease/let out 2700 sq. ft. of covered area and open space measuring 864 sq. ft. as well as a garage room measuring 20'X 16'and the respondent/plaintiff agreed to let out the said 1/3rd portion of the said industrial property to the defendants;

(iii) that the respondent/plaintiff through her attorney Ms. Anusuya Salwan inducted the defendants as the tenant in respect of the said portion of the property on the monthly rent of Rs.30,000/- vide registered Lease Deed dated 15th February, 2007 for a period of six years expiring with the expiry of 14th February, 2013;

(iv) that the period of lease/tenancy expired by the efflux of time on 14th February, 2013 but the defendants did not hand over possession of the property;

(v) that the possession of the defendants of the property with effect from 15th February, 2013 was thus illegal and unauthorized;

(vi) that the respondent/plaintiff vide notice dated 14th January, 2013 had asked the defendants to hand over possession of the property on the expiry of lease on 14th February, 2013, failing which the defendants were informed that they shall be liable to pay mesne profits/damages for use and occupation;

(vii) that the defendants had been irregular in the payment of rent and rent for the period from 15th November, 2012 to 14th February, 2013 of Rs.90,000/-, was in arrears.

Accordingly, the suit for the relief of recovery of possession of the tenanted premises, recovery of Rs.90,000/- on account of arrears of rent and for direction to issue certificates of deduction of tax and for mesne profits/damages, was filed.

4. The appellant, along with its partners aforesaid, contested the suit by filing a written statement, on the grounds:

(a) that the suit was not maintainable as it was pleaded, that the power of attorney in favour of Ms. Anusuya Salwan who had let out the property as the attorney of the respondent/plaintiff and who had also instituted the suit and signed and verified the plaint, had been revoked by the respondent/plaintiff;

(b) that the property aforesaid was an ancestral property and the respondent/plaintiff was a joint owner of 1/3rd portion of the same, with her son, who was the owner of remaining 2/3rd portion of the entire property; however pursuant to the death of the son of the respondent/plaintiff, no details had been provided with respect to the person in ownership and possession of the said 2/3rd portion of the property;

(c