ASHWANI KHATRI Vs. SMT. NEELAM KHATRI

JUDGEMENT

(1.) Heard Sri Swapnil Kumar, learned counsel for defendant-revisionist/ tenant and Sri Rajesh Gupta, learned counsel for the plaintiff-respondent.

(2.) This revision has been filed praying to set aside the order dated 25.11.2017 in S.C.C. No.8 of 2017 (Smt. Neelam Khatri vs. Ashwani Khatri) passed by Additional District Judge, Court No.4, Meerut.

(3.) Briefly stated facts of the present case are that one Sri Hakim Kaura Mall was the original owner of the disputed property No.208, Jamun Mohalla, Lalkurti, Meerut Cantt., District Meerut. He had four sons namely Sri Love Dev, Kush Dev, Lajpat Rai and Aamir. He executed a Will dated 12.07.1968 to give the disputed property to his son Dr. Love Dev Khatri. After his death on 07.10.1971, his son Dr. Love Dev Khatri inherited the disputed property and his name was mutated in the records of Cantonment Board, Meerut. After the death of Love Dev Khatri in the year 2008, the disputed property was inherited by his son Dr. Surender Khatri, who died on 12.11.2014 leaving behind him his wife Smt. Neelam Khatri (the plaintiff-respondent) who entered into a rent agreement dated 31.12.2014 with the defendant-revisionist (son of Kush Dev Khatri) to let out the disputed property on the ground floor at a monthly rent of Rs.5000/- and the first floor portion at a monthly rent of Rs.25,000/-.