We had filed a case for eviction of our tenant on bonafide grounds. The case is 2 years old and our tenant is always trying to delay the proceedings by some way or the other. This time he has changed the lawyer and said that he doesn't know what was written in the affidavit he had submitted initially as that was prepared by his lawyer as he was illiterate. Furthur he has filed a baseless sec 340crpc against us. Furthur , would also like to bring to your notice that it is a case of joint tenancy. All the joint tenants had also submitted the same affidavit individually.Each and everything written in their affidavits are same. (The joint tenants except him are not residing in the house.The stucky have their own house) The joint tenants (his brothers and sisters) are following the case with the initial affidavit.
Is there any citation where if majority are saying one thing and only one of them is denying, the court has considered what the majority is saying
Also, if any citation is available where the court has not considered the reason of being illiterate for submitting the false affidavit.
Also, is there any citation where case is decided on merit and sec 340 crpc not considered.
Need your urgent help.
Thanks and Regards