Shambhavi (N.A) 11 May 2010

eviction of tenant

Dear Sir,

We had filed a case for eviction of our tenant on bonafide grounds. The case is 2 years old and our tenant is always trying to delay the proceedings by some way or the other. This time he has changed the lawyer and said that he doesn't know what was written in the affidavit he had submitted initially as that was prepared by his lawyer as he was illiterate. Furthur he has filed a baseless sec 340crpc against us. Furthur , would also like to bring to your notice that it is a case of joint tenancy. All the joint tenants had also submitted the same affidavit individually.Each and everything written in their affidavits are same. (The joint tenants except him are not residing in the house.The stucky have their own house) The joint tenants (his brothers and sisters) are following the case with the initial affidavit.

Is there any citation where if majority are saying one thing and only one of them is denying, the court has considered what the majority is saying

Also, if any citation is available where the court has not considered the reason of being illiterate for submitting the false affidavit.

Also, is there any citation where case is decided on merit and sec 340 crpc not considered.

Need your urgent help.

Thanks and Regards

Shambhavi

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3 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 11 May 2010

If a person has engaged a counsel and he has represented such party then it cannot take the plea of his illeteracy and thus no benefit can be derived by him out of his illeteracy so be sure that court is not going to allow him resile his undertakings made in his affidavit already filed before the court.

So far as majority tenants is concerned, definitely you shall be benefitted by the different versions of them and majority plea shall be the base of decision of the court. This is settled law and no specific citation is required for this purpose.

umesh Agrawal (Advocate) 07 June 2010

I agree with raj kumarji

Bobby Mani T (Lawyer) 10 June 2010

Delaying a case for two years is not a new fact. It is common logic that a tenant who wants to prolong the litgation so as to continue in possession will indulge in all sorts of delaying tactics and utilise all available proceedural delays in the law. It is the legislature and the court to see that such injustice is not done.