Proving a witness as false.
Zeeshan
(Querist) 18 August 2025
This query is : Resolved
Sir, as stated earlier, I have a case of declaration pending with my tenant who claim to be owner of my shop on fake papers. Tenant name is Nanney.
Therein, tenant nanney , after his cross, bring a witness namely Rahul who claim that he was a witness in a agreement of year 1998. (i.e. 27 years ago).
According to witnesses and my advocate's cross examination, he was called by nanney in 1998 through his grandson amaan who is almost 5-6 years old that time and now approx 35 years old.
Now, we know that he is lying because nanney himself in his various affidavits says he is 69 years old now.
We know grandson amaan also, he is hardly 25 old now. Also we have his father's and mother's Voter Id slip who are 48 and 45 years old now. How can there son be 35 years old ?
What did we do now ?
1. Call grandson amaan in court ? Which is a lengthy process.
Or
2. Request court to cross tenant nanney again and ask him questions relating about his, his son, son's wife and grandson's age. Nanney is present on every date.
Or
3. File perjury u/s 340 against witness rahul ?
What else we can do now ?
Which is better, fast and more fruitful process ?
Kindly help.
Thanks
T. Kalaiselvan, Advocate
(Expert) 18 August 2025
1. No, you cannot summon an unrelated person as witness for this irrelevant subject.
2. If it is not a subject matter and if it is totally irrelevant then you may not be entertained to file a reopen recall petition to cross examine the witness again.
3. There's no perjury committed hence not maintainable
Zeeshan
(Querist) 19 August 2025
Irrelevant ?
Witness claim that he was called by a unborn person. Hence he is a fake witness.
Amaan is the grandson of nanney (respondent tenant). He is a subject .
Isn't the witness lying that he was called by an unborn person is perjury ?
