Who is at fault ? - For submitting a false declaration in the court?
Querist :
Anonymous
(Querist) 12 June 2011
This query is : Resolved
Dear Sirs,
The Rental Agreement entered between a Landlord and his Tenant clearly states that, the tenant had paid a sum of Rs.1 Lakh by the way of a Bankers Cheque bearing No. 1111111, dated mm/dd/yyyy, as an advance and also agreed to pay Rs.4000 as monthly rent.
As the tenant had stopped paying the monthly rent after 2 months, the landlord had filed a civil case for evicting the tenant. The learned council appearing for the tenant declares the above Rental agreement as a Lease Agreement, argues his client need not pay any rentals and the advance amount of Rs.1 Lakh to be returned by the landlord for vacating the premises and also filed a copy of the Rent Agreement to the honorable court as an Evidence.
The learned council’s aim is to prolong the case and get the case settled out-of-court. If he fails in his attempt;
Whether the Landlord can file a case, for misleading the honorable court and claim damages?
Can the case be filed against his tenant only Or against the opponent’s Lawyer Or against both?
In the above case - Who is at fault?
Whether the Client or his Lawyer?
Please offer your comments.
Thanks.....
Devajyoti Barman
(Expert) 12 June 2011
The advocate of the tenant is doing a great job of defending his client.
So in stead of venting your frustration against the tenant and his lawyer, concentrate on putting your case more perfectly. Their defence is absolutely alright and legally tenable.
You try to focus on the grounds of his eviction than the baseless things you have mentioned.
Somnath mukherjee
(Expert) 12 June 2011
IN THE LANDLORD TENANT CASE THE ADVOCATE OF THE TENANT HAS TO DEFEND THE AND TOPROLONG THE CASE SO HE ADVOCATE OF THE TENANT HAS DONE HIS DUTY. YOUR ADVOCATE HAS PUT UP THE GROUND OF EVICTION AS CONSENTRATEDLY AS POSSIBLE.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 12 June 2011
Landlords are always in over confidence. Your case has no merits and if any case filed against the advocate you have to face criminal action.
Querist :
Anonymous
(Querist) 12 June 2011
Dear all,
Dear Experts,
My learning is:
1) A deponent’s lawyer can file a false statement to the court to protect his client.
2) Both the Lawyer & his Client, can get away with it, even if it is proved to be wrong.
Thanks for sharing your views. . .
Advocate. Arunagiri
(Expert) 12 June 2011
A lawyer can not file any statement. Only the party to the case can file any statement. If the party files a false statement on oath, you can initiate prosecution on them, for perjury.
Querist :
Anonymous
(Querist) 13 June 2011
Dear Mr.Arunagiri,
You are absolutely right... The statement was signed by the party and his lawyer had only submitted it to the court.
I will initiate prosecution on the party, for perjury.
Thanks for making things clear.
Hence marking the status of my query as "Resolved".
Querist :
Anonymous
(Querist) 13 June 2011
Marking the query as "Resolved".
Guest
(Expert) 15 June 2011
Lawyer has to defend his client's case. The case be filed against his tenant only .
If the Rental Agreement clearly specifies 1 lakh as advance amount and not as Lease Agreement then the judge should consider your point.i.e, original rental agreement.
He can give false declaration but here it all depends upon the interpretation of the sentences of agreement.As we didn't read that so we cant say it is a lease agreement or rental agreement.
