Harry M (Director) 13 January 2012

Wrong affidavit in court

I had rented my residential property to a pvt. ltd. company who started to run a guest house there. Initially they started delaying my rent and then stopped paying me. I filed a case for recovery and subsequenly also filed a case for eviction.

The eviction case was ruled in my favour on grounds of non-payment. Subsequently the tenants took a stay on execution in the Appellate Court. On our appearance, the appellate court referred the case to mediation. The matter was settled in mediation with the tenants agreeing to pay approximately 50% of rent due with post dated cheques and evicting the premisis.

During the course of eviction case, the tenants had moved an application under order IX Rule 7 CPC since the case was being proceeded ex-parte. The tenants had not appeared after dusti summons were served on them. In the application they had stated that the summons were never served on them and the petitioner is playing fraud with the court. They stated that the name of the person mentioned by the process server is ficticious and has nothing to do with their company.

My counsel did not object to the application as he was more interested in making the tenants appear than delay the matter.

Now I have enough proofs of that person being part of the company.

Is there a way that I can make a complaint regarding the false application / affidavit given by the tenants in the court specially when we did not object to the application and subsequently the case has been decided and settled as stated above

Regards

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4 Replies

VIRAJ KADAM (Advocate Supreme Court of India) 13 January 2012

Dear Friend,

Filing false affidavit in the court is an offence. You may file a case of perjury against them. You have to prove that they deliberately lied to gain undue advantage in the Court.

Regards

VIRAJ KADAM

Advocate,

Supreme Court of India

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 18 January 2012

When the matter is settled, let such things go.

You would needlessly spend time, money and effort.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Harry M (Director) 22 January 2012

Sir thanks for your guidance. However there's more to my case beside the wromg affidavit as mentioned in my earlier post.

The matter was settled in mediation with post dated cheques going into 8 months. As per settlement, the tenants agreed to clear the water and electricity usage charges upto the date of their occupation. They also agreed to hand over the furnishings in the property.

I am agrieved even after all this happening. The tenant director handed over the keys of the property on the settled date and we signed on a paper that the possession has been handed over to me. He left immediately after signing. Kindly see the following points

1. On inspection of the property, I was shocked to see that the walls, electrical switches particularly the rooms inside and upper floors have been damaged intentionally. The furnishings, fixtures, appliances agreed as per agreement are not there (have been removed in a very crude manner, damaging the wall plaster etc). A few fittings like geysers, ceiling fans, exhaust fans which were part of the property at the time of me handing over to them are also missing.

2. Water and electricity usage charges have not been paid from quite sometime. I have already made the payment of above Rs. 60,000/- towards pending water charges, so the water is not disconnected.

3. In additon there is a pending dispute of the tenant with the Electricity company in the consumer forum. The electricity company had raided the property, as I have mentioned earlier that they started to run a guest house. On the commercial charges demand not paid, the electricity company disconnected the supply. The tenants moved the consumer forum and pending adjudication, the court ordered the company to restore the supply after making a part payment. Maybe due to this reason too, the electricity has not been disconnected even after the current usage charges have not been paid by the tenant. This was revealed to me after the possession was taken over by me. The tenants concealed this fact from me and the mediation court.

4. I am yet to take advise pertaining to the electricity dispute and pending payment. But as far as I understand the electricity company is going to file a chargesheet u/s 135 electricity act in very near future, which most probably would be in name of connection holder, i.e. me.

Please guide me:

Whether such concealment of the pending dispute pertaning to electricity would qualify for contempt of court?

Whether the pending usage charges of water (and electricity) would also qualify for the same?

If I raise a dispute regarding the damages, and the tenant stops the future cheques, what steps can i take? 138 would again take a lot of time. Would this too be a contempt of court when all these cheque numbers with date are mentioned in the settlement and it is specifically mentioned that the tenant would honour the cheques?

Is there any other step which I can take so as my future cheques are honoured and the tenant is penalised for all his actions, who has been unfair to me, even after the matter was settled in mediation and the whole spirit of the settlement has been shattered by him.

Thanks again

Regards