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Contradicting evidence filed by tenants advocate

(Querist) 08 July 2015 This query is : Resolved 
Respected Sir's
I am a landlord of a property in Mumbai. I have filed a suit on one of my Tenants who is having commercial business in the property. he has carried out illegal additions and alterations in the premises.I had given in writing to the tenant that some basic work will be done by me before i give possession. But he did not approve this and all illegal work is done by him. In the court the tenants advocate has filed his written statement on the letter given by me but has not made any specific mention about the present status of work which is illegal and not done by me. Same is the case in city civil court where the tenant is plaintiff and I am the Defendant. Please advice and let me know your view as to what outcome can be expected. Whether the tenants case would stand or all matters disposed off or will it be beneficial for me in further course of action.
Please advice.
Thanking you in advance.
Kiran Kumar (Expert) 08 July 2015
Well the tenant has just submitted his Written Statement.

Written Statement is his reply to your allegation. You may file rejoinder to that.

Keep in mind...Suit, WS, Rejoinder are pleadings not evidence.

Parties may attach various documents with the matter, but only those will be considered which are relevant and proved in the court. The allegations leveled in the pleadings are required to be proved as per Evidence Act.

If there is something contradictory submitted by the other party then its good for you....only one thing, genuine, can be proved out of the two....

You can show their conduct to the court and bring out the truth before the court...So dont worry and carry on with you action.
Rajendra K Goyal (Expert) 09 July 2015
Agree with the expert.


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