False stand by tenant

pawan kumar (Querist) 16 August 2012 This query is : Resolved
Ihave filed execution of eviction orders to which tenant has falsely replied that he has purchased the propety through oral agreement and he is not tenant. during suit proceedings he didnot file w/s and didnot contest though he appeared twice to inspect documents and get exparte setaside. his defence was struck by court. no evidence as regards to purchase as claimed is given.since he has filed false affidavit for his statement can he be booked for this. pl. guide will court take cognisance of his false statement particularly when his defence is struckof.

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Devajyoti Barman (Expert) 16 August 2012
File petition u/s 340 of cropc if you have prima facie evidence to show his false statements.

prabhakar singh (Expert) 19 August 2012
He can not take such a plea now after eviction decree is passed in execution case as his defense already struck off in main proceedings and relation of land lord and tenant found by court,and finding not challenged and altered by superior court.

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