Defendant making contracdictory demands in ws
sunil karia
(Querist) 01 February 2015
This query is : Resolved
I have filed a suit against an occupant of my house property in Mumbai. This was given on gratuitous license basis to him by my mother in 1982. My mother died in July 2011 & in May 2014 I terminated his License. In reply to the notice the occupant claimed that he had purchased the property from my mother. I am paying Property Taxes, the land records & Property Tax are in my mothers name. I Filed a suit in mall causes court. In WS the defendant falsely claims that he paid Rs.2,00,000/- to my mother (No Receipt)towards sale, So he claims that he is the owner. Also in the WS he claims that if he is not granted ownership then he should be given Licensee Rights. Further he also claims that he use pay property tax to us (which is false statement) & he has also paid Non-Agricultural Tax (which is because he is staying there so he got hold of the demand notice & paid about 4-5 times from 1982 to 2014) based on these payments he is claiming tenancy rights also i.e. if his claim of ownership is not accepted. My Query is can a defendant make such contradictory demands in single suit.
Devajyoti Barman
(Expert) 01 February 2015
Why Are you bothering about such contradictions when contradictions always help the other party.
Reply on this contradiction during trial.
prabhakar singh
(Expert) 01 February 2015
The code of civil procedure allows parties to setup alternative pleas even if they are contradictory to each other but in case of two contradictory cases,the party has to elect which case it wants to prove.
There is nothing to worry about it as you shall get benefit of this type of situation
at trail stage and argument stage of the case.
Rajendra K Goyal
(Expert) 02 February 2015
You can not check other party in making such submissions. the contradictory statements would help you.
T. Kalaiselvan, Advocate
(Expert) 03 February 2015
You can concentrate on your case and rely upon the documentary evidences you possess and fight it out properly. If he files the written statement that way, it is his right to defend himself, so you prove your case, dont bother about his stand.
