Forgery of vakalat in rent control act
surendar
(Querist) 13 July 2014
This query is : Resolved
my landlord had filed an application for fair rent in lower court wherein i had succeeded. landlord filed an appeal before the appellate authority and without serving on summons to us had stage managed to file a forged vakalat and got an ex parte order. and filed an execution petition. what would be my remedy as the appellate authority has dismissed my application saying that it was an contested case, where as we had not contested the case and the vakalat filed is only forged one? how do I prove my innocence as the forged document is in the custody of the court.
Devajyoti Barman
(Expert) 13 July 2014
File a criminal case of forgery and file a civil suit for declaration as well.
Decree obtained by playing fraud upon court is nullity from inception and a non est in the eye of law.
ajay sethi
(Expert) 14 July 2014
file complaint of forgery before magistrate court . decree obtained by fraud is null and void
Dr J C Vashista
(Expert) 15 July 2014
Obtain certified copy of vakalatnama filed on your behalf and move application u/s 340 Cr.PC r/w 419 IPC through your lawyer.
Advocate. Arunagiri
(Expert) 15 July 2014
You can go for the second appeal in the High Court. Prove that your signature is forged in the vakalat and also prove that you have not received any summon hence not contested the case.
surendar
(Querist) 16 July 2014
I have approached the hon'ble high court of Chennai the judge is of the view that i first clear the fair rent and then it would consider to see the forged document is this the law of the land
T. Kalaiselvan, Advocate
(Expert) 16 July 2014
Expert Mr.Arunagiri's opinion to the query seems to be more suitable, you may go for a second appeal as advised.
V R SHROFF
(Expert) 16 July 2014
Act as per advise of Adv. ARUNAGIRI
Raj Kumar Makkad
(Expert) 16 July 2014
The approach of High court is accurate. You are otherwise also bound to clear your arrears of the rent. Get it done and then agitate your issues which shall definitely be heard on merits as you want. Won the trust/faith of the court bonafidly.
