Property decree can challenged
Praveen rai
(Querist) 15 September 2017
This query is : Resolved
Sir. I had property which i developed by taking all permission by the authority in meanwhile relativeshad filled case of partition. After some time they have compramise in it one of among them has already admitted my owner ship in the suit...he has given affidivit as well he has said it written statement same thing.decree passed by sr civil judge in that suit by taking undertaking of all respondence except the the preson of who has already admitted my ownership.but now after 8 yrs same preson approch the court saying that sign of mine was taken faurdly me....nw can that decree may be cancel by the court.?
Ms.Usha Kapoor
(Expert) 16 September 2017
If the person who already admitted your ownership orally and through a written statement/affidavit has turned hostile the court may reject his evidence unless it is corroborated by some other reliable evidence according to settled law of evidence.If the court finds reliable corroborative evidence in support of the hostile witness testimony the court may cancel the decree .According to settled law of evidence Hostile witnesses testimony can't be rejected in toto unless it's not supported by strong reliable corroborative evidence.
Surrender K Singal
(Expert) 16 September 2017
Can that be recalled after 8 years simply for change mind by any hostile witness ?
R.K Nanda
(Expert) 16 September 2017
chances of cancelling decree by court are very remote.
Rajendra K Goyal
(Expert) 16 September 2017
You have a strong case in your favor, oppose their claim in the court through some senior lawyer.
