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 stay of execution of the decree, with the consent of the counsels the appeal was set down for hearing finally.

3. The counsels have been heard and the Trial Court record perused.

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

(a). that the premises aforesaid were let out to the appellant/defendant by his father Lt. Col. G.M.S. Sandhu vide Lease Deed dated 16th August, 1990 at the rent of Rs.15,000/-per month for a period of four years commencing from 1st March, 1990;

(b). that though the said Lease Deed provided that the same could be extended at the option of the appellant/lessee, but on execution of a fresh Lease Deed;

(c). that his father Lt. Col. G.M.S. Sandhu was holding the property in which the premises are situated as karta of his HUF and pursuant to an oral partition between the members of the HUF as recorded in the Memorandum of Partition dated 24th March, 1991, the premises in the tenancy of the appellant/defendant vested exclusively in the respondent/plaintiff and the appellant/defendant was informed of the same;

(d). that though on expiry of the term of the lease on 28th February, 1994 the appellant/defendant increased the rent w.e.f. 1st March, 1994 to Rs.18,000/- per month but no fresh Lease Deed was executed and the appellant/defendant became a tenant from month to month in the premises;

(e). that upon the demise of Lt. Col. G.M.S. Sandhu on 14th August, 1994 the appellant/defendant was directed to deposit the rent in the bank account of the respondent/plaintiff and though no claim to the said rent was made by any of the other heirs of Lt. Col. G.M.S. Sandhu or family members, the appellant/defendant failed to pay rent inspite of numerous requests and reminders;

(f). that ultimately vide Legal Notice dated 8th March, 1995 demand for arrears of rent was made and the tenancy of the appellant/defendant was determined;

(g). that the appellant/defendant neither paid the arrears of rent nor vacated the premises.

Accordingly, the suit for recovery of arrears of rent, ejectment and mesne profits/damages for use and occupation @ Rs.50,000/- per month was filed.

5. The appellant/defendant contested the suit by filing a written statement pleading:-

(i). that the respondent/plaintiff was neither the owner nor the landlord;

(ii). that the landlord under the Lease Deed dated 16th August, 1990 had a duty to execute a fresh Lease Deed w.e.f. 1st March, 1994 and which had not been done though the appellant/defendant as per the Agreement had enhanced the rent;

(iii). that the respondent/plaintiff claiming to be the landlord was not entitled to file the suit without first executing the fresh Lease Deed;

(iv). that the other legal heirs of Lt. Col. G.M.S. Sandhu were necessary and property parties to the suit;