A daughter-in-law does not have a legal right to claim to live in the self-acquired property of the father-in-law or mother-in-law.

Rajes Kumar, J. :

Heard Sri Uma Nath Pandey, learned counsel for the appellant and Sri Swetashwa Agrawal, learned counsel appearing on behalf of the respondents.

2. By means of the present Appeal, the appellant is challenging the order dated 19th February, 2014, passed by the Civil Judge (Senior Division), Gautam Buddh Nagar by which he has allowed the application for interim relief of the respondent No.1, who filed Original Suit No. 1201 of 2012, seeking permanent injunction, restraining the defendant No.2, present appellant, from interfering in peaceful living of respondent No.1 in House No. B-72, Sector 50, NOIDA, Gautam Buddh Nagar and not to create any hindrance in peaceful living of the respondent No. 1 along with his wife in the said house.

3. The brief facts, giving rise to the present Appeal, are that the respondent No.1 is a retired Officer, who is aged about 70 years. He purchased a plot in Sector 50, NOIDA, Gautam Buddh Nagar, from NOIDA authority. The lease deed of the said plot has been executed on 29th May, 2003. After getting the map sanctioned for construction of the residential house, the house has been got constructed over the said plot. The said house has been numbered as House No. B-72, Sector 50, NOIDA, Gautam Buddh Nagar in which he is residing along with his wife. The said house is in the name of respondent No.1.

4. It is the case of the respondent No.1 that he constructed the house after taking the loan from his provident fund and from the Bank as well as from his own savings. In the purchase of the plot from the NOIDA authority and construction of the house, no money has been taken from his son or from his wife and in this way, he is the exclusive owner of the said house. His son, Manish Gupta, respondent No.2 herein, who is serving in the Railways, was married with the appellant on 25th June, 2007. Out of their wedlock, they have been blessed with a son, who born on 5th November, 2008. Both the appellant and the respondent No.2 are highly qualified and are well settled and both of them are in employment.

5. It is the contention of the respondent No.1 that initially he was having a very good relationship with the appellant and he treated her as a daughter and extended all the love and affection to her, like his daughter, but gradually, bitterness started between the appellant and the respondent No.2 as well as with the respondent No.1 and his wife. The appellant started misbehaving and ill-treating with them and using abusive language and made their peaceful life hell. On account of misbehaviour of the appellant, the respondent No.2 started living separately in House No.B-92, Sector 50, NOIDA, Gautam Buddh Nagar. Thereafter, the appellant also left the house of the respondent No.1 and started living in House No. A-65, Sector 48, NOIDA, Gautam Buddh Nagar and is presently living in the said house. Thereafter, the respondent No.1 has filed a Suit being Original Suit No. 1201 of 2012, seeking permanent injunction against the appellant, restraining her from entering into House No. B-72, Sector 50, NOIDA, Gautam Buddh Nagar and further to restrain her from interfering with the peaceful living of the respondent No.1 along with his wife in his own house.

6. The said Suit was filed along with an application under Order 39, Rule 1 of the Code of Civil Procedure seeking interim injunction, which has been marked as 6-Ga-2. The said Suit has been filed on the ground that the misbehaviour of the appellant with the respondent No.1 and his wife was highly objectionable and cruel and after consultation with his wife, with a heavy heart, they restrained the appellant to enter in his house. The appellant, thereafter, has given threatening to them that she will reside forcefully in House No.72, Sector 50, Gautam Buddh Nagar and in case if the appellant succeeds in her attempt, they will suffer irreparable loss.

7. Initially, the Trial court has granted an ex parte interim injunction on 12th September, 2009 and ther