1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) impugns the judgment and decree dated 27th May, 2015 of the Court of Additional District Judge (ADJ)-12, Central District, Tis Hazari Courts, Delhi of dismissal of CS No.245/14/08, I.D. No.02401C0324222008 filed by the appellants/plaintiffs for ejectment of the respondent/defendant from the ground floor of property No.D-2, Maharani Bagh, New Delhi (after determination of tenancy, rent being in excess of Rs.3,500/- per month) and for recovery of arrears and future mesne profits.

2. The appeal came up first before this Court on 4th August, 2015 when notice thereof was issued and Trial Court record requisitioned. Though ordinarily first appeals are being heard after “admission” and in the category of “regulars” but finding the impugned judgment to be against the grain of the recent trend of judgments in such suits including of the same learned ADJ and finding the impugned judgment and decree to be causing palpable injustice and injury to the appellants/plaintiffs, the appeal vide order dated 8th March, 2016 was ordered to be listed on 15th March, 2016 for final hearing. On 15th March, 2016, the matter was adjourned to 31st March, 2016 when the counsels were heard and judgment reserved. The trial court record requisitioned has been perused.

3. The appellants/plaintiffs Smt. Madhvi Singh and Sh. G.N. Singh (who died during the pendency of the suit and is now represented by his legal heirs) on 29th February, 2008 instituted the suit from which this appeal arises pleading:

(i) that they were the owners and landlords of property No.D-2, Maharani Bagh, New Delhi, the lease of land whereunder was granted in favour of Sh. Jamuna Prasad Singh, being the father-in-law of the appellant/plaintiff no.1 Smt. Madhvi Singh and the father of the deceased appellant/plaintiff no.2 Sh. G.N. Singh;

(ii) that the said Sh. Jamuna Prasad Singh died on 15th August, 1971 leaving a validly executed last Will dated 16th June, 1969 bequeathing the said property to his wife Smt. Bindu Rani Singh;

(iii) the said Will was probated and the property mutated in the name of Smt. Bindu Rani Singh;

(iv) Smt. Bindu Rani Singh died intestate on 24th June, 1979 and the property devolved on Sh. Avadhaish Narain Singh and the deceased appellant/plaintiff no.2 Sh. G.N. Singh being the sons of Sh. Jamuna Prasad Singh and the property was mutated in their names;

(v) Sh. Avadhaish Narain Singh died intestate leaving the appellant/plaintiff no.1 Smt. Madhvi Singh as his only legal heir and the property was mutated in the name of appellant/plaintiff no.1 Smt. Madhvi Singh and the deceased appellant/plaintiff no.2 G.N. Singh;

(vi) that the entire ground floor of the property consisting of four bed rooms with bathroom, living rooms, kitchen, store, garage and two servant quarters on first floor and front and back lawn was let out in January, 1981 to M/s Century Tubes Ltd. (CTL) (impleaded as defendant no.1 in the suit as originally instituted) for the residence of its Managing Director Sh. Gautam Hada and at the time of institution of the suit a rent of Rs.4,000/- was being paid;

(vii) that though from time to time agreements were executed with the said CTL but the last such agreement was on 1st January, 2001 for a period of two years and thereafter CTL continued as a tenant from month to month;

(viii) that though earlier the rent used to be paid by cheques drawn by CTL but for few years prior to the institution of the suit, the cheques for rent were being issued by the respondent M/s Pavik Lifestyle Ltd. (PLL) which in the suit as originally instituted was impleaded as defendant no.2;

(ix) that the appellants/plaintiffs neither inducted or treated PLL as their tenant nor entered into any lease with PLL and were accepting the said cheques drawn by PLL in the account of CTL only;

(x) that CTL never informed the appellants/plaintiffs of having gone into liquidation and of which the appellants/plaintiffs