Kailash Gambhir, J.—

IA No. 17986/11 (O. 39 Rule 1 &2 of CPC)

1. By this order I propose to decide the application moved by the plaintiff under Order 39 Rules 1&2 read with Section 151 of CPC.

2. Before I deal with the rival contentions raised by the counsel for the parties, it would be appropriate to give brief summary of the facts of the present case. The plaintiff herein is a father-in-law of the defendant no.1 and father of defendant no.2. The plaintiff has filed the present suit for permanent and mandatory injunction. A decree of mandatory injunction has been sought by the plaintiff to direct the defendant no.1 to vacate the premises bearing No. B-197, Greater Kailash, Part-I, New Delhi, while a decree of permanent injunction has been sought by the plaintiff so as to restrain the defendant no.1, her parents, agents, representatives, assignees, associates etc. from creating disturbance in the peaceful possession and occupation of the plaintiff’s self-acquired property bearing no. B-197, Greater Kailash, Part-1, New Delhi. In prayer Para (b) instead of claiming permanent injunction the plaintiff has wrongly claimed mandatory injunction and such inadvertent mistake on the part of the plaintiff can be ignored.

3. The main allegation of the plaintiff in the present suit is that he is the sole and absolute owner of the property bearing no. B-197, Greater Kailash, Part-1, New Delhi consisting of ground and first floor. It is also the case of the plaintiff that the said property was purchased by him vide sale deed dated 10.8.1971 through his own funds and since then the plaintiff and his wife are residing in the same property.

It is also the case of the plaintiff that he and his wife aged around 80 years and 74 years respectively are suffering from various old age ailments. It is also the case of the plaintiff that the defendant no.1 is of a very violent nature and she has made the life of the plaintiff and his wife a living hell. It is also the case of the plaintiff that the defendant no.1 is having matrimonial discord with her husband, defendant no.2, herein and the plaintiff and his wife are being subjected to suffer at the hands of the defendant no.1 because of such matrimonial dispute between the spouses.

It is also the case of the plaintiff that he and his wife are living on the ground floor premises and the defendant no.2 being the son of the plaintiff was occupying the first floor of the premises as a licensee. It is also the case of the plaintiff that the defendant no.1 being the wife of defendant no.2 was also using the first floor until the relations between the defendant no.1 and defendant no.2 became edgy. It is also the case of the plaintiff that the defendant no.1 was having extra marital affair with servant Shambhu and the relationship between the defendant no.1 and defendant no.2 turned embittered after the discovery of the said extra marital affair . It is also the case of the plaintiff that the defendant no.1 left the house and she had also executed an affidavit stating her separation from her husband, i.e. defendant no. 2 herein. It is also the case of the plaintiff that the right of the defendant no.1 to live as wife of defendant no.2 got terminated in terms of the affidavit dated 18.10.2010. It is also the case of the plaintiff that the temporary stay of the defendant no.1 as a guest on the first floor of the premises since March 2011 does not give her any right to occupy the said premises as her statutory right to occupy the premises was by virtue of her being a wife of defendant no.2 with whom her relationship is claimed to be terminated w.e.f. 18.10.2010. It is also the case of the plaintiff that in the first week of August 2011, defendant no.1 had assaulted and pushed the wife of the plaintiff after which she fell on the floor and injured herself. It is also the case of the plaintiff that defendant no.1 misbehaves, beats and abuses the domestic staff and because of such demeanor by the defendant no.1