MANISHA LALWANI Vs. DR. D.V. PAUL

JUDGEMENT

(1.) INVOKING appellate jurisdiction of this Court under Section 96 of the Civil Procedure Code, 1908 the Appellant has filed this appeal challenging the legality, validity, propriety and correctness of the judgment and decree dated 2 -1 -2003. passed by IIIrd Additional District Judge. Katni, in Civil Suit No. 31 -A/2002.

(2.) THE facts which led to filing of this appeal are that the Plaintiff/Appellant filed a suit against the Defendant/Respondent stating that she is the owner of a building situate at Katni. Originally, the building belonged to her father -in -law, late Dr. Mangatram V. Lalwani, who bequeathed the same to her by executing a will dated 24 -9 -1991. The Defendant was the tenant of late Dr. Mangatram in four flats of the aforesaid building. After the death of Dr. Mangatram the Plaintiff, on the basis of a Will executed by Dr. Mangatram. became the owner and landlady of the said building including the three flats which are the subject matter of the present suit. The Defendant/Respondent is now the tenant of the Plaintiff/Appellant in the said three flats on a monthly rent of Rs. 3,000/ -. Earlier in the year 1993 the rent of the suit flats was Rs. 2.000/ - per month. Subsequently, in the year 1994 it was enhanced to Rs. 3.000/ - per month during the lifetime of late Dr. Mangatram. Dr. Mangatram had orally informed the Plaintiff in presence of her husband, Shri Ashok Lalwani, that the Defendant is tenant in the suit -accommodation on monthly rent of Rs. 3,000/ - which is liable to be increased at the rate of Rs. 300/ - per month every year.

(3.) IT is averred in the plaint that in addition to the aforesaid three flats the Defendant is in occupation of one more flat on the first floor of the said building regarding which a suit for eviction and arrears of rent registered as Civil Suit No. 30 -A/95 was pending in the Court of Civil Judge Class I. Murwara. The rent of this flat has been stated to be Rs. 600/ - per month.