Can pejury be filed? then how?
Dr. Tirath Garg
(Querist) 15 October 2013
This query is : Resolved
Sir, I filed suit for injunction and the trial court denied stay u/s 39 rule 1$2 CPC so filed appeal in Sessions Court.
Sir, the ld. Additional Civil Judge (Sr. Division) Moonak has wrongfully denied me the stay by relying upon fabricated account of facts and text of judgment of ld. Collector, Moonak in petition u/s 5 of the Pb. Public Premises & Land Act. Relying upon the fabricated statements of defendants i.e. E.O. Nagar Council Lehragaga the ld. Judge has observed,”It is apposite to state here that demarcation of suit land was conducted by Labh Singh, Field Kanungo at the instance of defendants in the proceedings under Public Premises Act, wherein bothers of plaintiff were found to be in illegal possession of the property of defendants. It was found that they had encroached and raised construction to the extent of 3-1/2 karams towards the Northern side and to the extent of 4-1/2 karams towards Southern side. This report clearly reflects upon the encroachment done by the brothers of the plaintiff upon the adjoining land of the defendants.”
Sir, the unambiguous observation of ld. Collector, Moonak under Public Premises Act reads,”I have heard learned counsel for the parties and carefully gone through the evidence on record. The petitioner claims to be owner of land measuring 1815 sq. feet which is comprised in Khevat no. 254 Khatauni no. 1850 Khasra no. 229, 1-5 and it is duly proved from entries in Jamabandi Ex. P1 and girdavri entries Ex. P2 on the file. It is also in evidence that the petitioner made a request for demarcation of land in dispute and on 24.4.2001 Labh Singh Field Kanungo provided demarcation wherein he reported that Brij Lal respondent s/o Balak Ram had encroached upon the land in dispute by raising construction of his house.”
Sir, kindly examine the demarcation report of Labh Singh Field Kanungo which states in crystal clear words that Brij Lal s/o Balak Ram has encroached and raised construction to the extent of 3-1/2 karams towards the Northern side and to the extent of 4-1/2 towards Southern side. Moreover Labh Sigh have attached a map with the demarcation report which clearly shows that on the western side Brij Lal s/o Balak Ram have done encroachment and constructed house. Sir Brij Lal s/o Balak Ram or any of his family member is not my brother.
Sir, no where in the orders of ld. Collector Moonak is written that Sheeshpal and Bir Jawahar Lal(my brothers) have done encroachment and no where in the report of Labh Singh Field Kanungo is written that Sheeshpal and Bir Jawahar Lal have done encroachment. After oral family partition Sheeshpal and Bir Jawahar Lal have sold land out of their own share to son and wife of Brij Lal s/o Balak Ram so I have nothing to do with that. Moreover my land is situated on Eastern side whereas encroachment has been done by Brij Lal on the western side.
Sir, I was not party to the case under Public Premises Act nor I had any relation with that so the orders of ld, Collector, Moonak are in no way binding on me therefore it was not required for me to place this judgment before the ld. Additional Civil Judge (Sr. Division) Moonak. It has never been established that even an inch of encroachment has been done by me neither in the report of Labh Singh Field Kanungo on 24.4.2001, nor in the demarcation report of Field Kanungo Lehra on 21.4.2011 and by a Commission headed by Tehsildar Lehra on 24.1.2013. Moreover my land is on the Eastern side and encroachment has been done on Western side.
Sir, I was born. brought up and educated at Lehragaga and shifted out for higher education and profession which is my fundamental right which the respondents have no right to question. Respondents have falsely stated in the court that I have sold all my property and I am no longer owner of any property which can be verified from the record on file.
Sir, the respondents gave willfully and with mala fide intention fabricated account of the orders of Ld. Collector, Moonak in Public Premises Act and demarcation report of Labh Singh Field Kanungo in the court with the intention of denying justice to me and gave false account that I have sold all my land and no longer owner of any portion. Even the fabricated submissions of respondents in the court show that they have intention to dispossess me from my lawful possession of my land that is why I filed this suit. Does their act amounts to committing perjury as laid down under section 191 of I.P.C. and are liable to be punished as defined under section 193 of I.P.C.
As the ld. Court of Additional Civil Judge (Sr. Division) Moonak has relied only on the fabricated statements of respondents and have not heard to my pleadings nor have read the judgment of Ld. Collector, Moonak under Public Premises Act and demarcation report of Labh Singh Field Kanungo nor the record on file to verify that I am lawful owner of land. Therefore I am entitled to relief.
Devajyoti Barman
(Expert) 15 October 2013
If you have prima facie evidence to show the documents to be forged or fabricated then you can file petition u/s 340 crpc in the said court.
R.K Nanda
(Expert) 15 October 2013
query too long to reply.
ajay sethi
(Expert) 15 October 2013
learn to summarise your query in few sentences .
