RICHA GAUR Vs. KAMAL KISHORE GAUR

JUDGEMENT

(1.) Heard learned counsel for the appellant and Sri Vijay Sinha alongwith Sri Samarth Sinha, learned counsel appearing for the respondent.

(2.) Present appeal has been filed against the judgment and order dated 17.8.2019 passed by the Civil Judge (Senior Division), Ghaziabad in Civil Suit No. 839 of 2017, Kamal Kishore Gaur Vs. Smt. Richa Gaur.

(3.) A suit for mandatory injunction was filed by the plaintiff-respondent against the defendant-appellant herein, who is daughter-in-law of the plaintiff. Relevant facts are that after marriage the defendant started living with her husband, son of the plaintiff, but subsequently, matrimonial disputes arose between them and the plaintiff divested his son and daughter-in-law on 25.7.2017 from his property and asked them to leave the house, which belongs to the plaintiff. Thereafter, son of the plaintiff, namely, Vikas Gaur, husband of the defendant-appellant herein, left the house and started living elsewhere. The suit for mandatory injunction was filed on the ground that the defendant is a licensee and has no right to reside in the house in question after cancellation of license by the plaintiff. It is not in dispute that several matrimonial disputes including criminal cases are pending between the husband and wife, wherein plaintiff and other family members were also implicated.