False declaration in suit

Elahi S M (Querist) 20 February 2010 This query is : Resolved
Dear Sir,

For clear understanding I given names as follows.

A: My Brother
B: Wife of A
C: Siste of B

I purchase a property from 'C'.

C' Filed suit against me that she hasn’t sold any property.
And declaring in suit that am a strange person to her family.

Now property suit adjournments are going on in court of law.

My Question is: Can I file case against her false declaration in court of law that am a strange person.
I have a proofs of photographs and videos which she was attended in functions.

Please advice me,

Waiting for valuable reply.

Yours Truly,

Elahi sm

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Kiran Kumar (Expert) 20 February 2010
firstly fight the case on merits, once the matter is decided in ur favour then look for other options.

u ll ve to prove ur case first otherwise the court will be not accept your version.

Parveen Kr. Aggarwal (Expert) 20 February 2010
The question is at present a disputed question of fact before the court seized of the suit. 'C' is alleging that you are a strange person to her family whereas you are controverting the same. Once evidence is led and finding of fact is recorded by the Court then you will get the right to initiate proceedings for false declaration made before the Court. Produce all the documents and other evidence while leading evidence in the suit.

Khaleel Ahmed (Expert) 20 February 2010
In my opinion the subject matter of the suit is declartion of title.In declaration of title cases the burden of proof always lies on the plaintiff only.The civil cardinal principle is the plaintiff must pvove his or her title before the court, even the deffendants pleading fourn bald.In your case you have to prove your deeds of purchase executed by her and your physical posession. There will be no issues to prove she is your relative or not.In your written statement you can mention the same for information of the court in support of additional facts.