S.L. Jain, J.

Invoking appellate jurisdiction of this Court u/s 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.

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. Subseque