Case of false/contradictory statement
Debjit
(Querist) 10 July 2013
This query is : Resolved
Dear Sir,
We are continuing a Eviction case against our tenant since last 35 years. Inbetween the proceeding, the tenants one earlier statement contradicts his current statement.
Can we bring the matter into light ? If yes, where can we file the case in Kolkata. Our current case is at Session court Kolkata.
Further. during the proceeding the tenant claimed earlier that he never misuses the common varandah, which is not under his rented part. But currently some how afeter 30 he years he claimed that he is using the Varandah since last 30 years for washing of cloth and utensils, etc. He asked the court to allow him to continue to use the varandah as he was doing earlier. But his application rejected.
Can we claim damage charges for his unauthorised / misuse of the varandah ? If yea where we can file the case. The order regarding this from Sealdah Session court where our eviction case is continuing. Can we file another case for damage claim or we necessarily have to claim in the same eviction case only.
ajay sethi
(Expert) 10 July 2013
concentrate your energies on fight case for eviction only . filing of fresh case will only increase your litigation cost . no need to file case for damages and paying court fees .
Debjit
(Querist) 10 July 2013
Dear Ajay Sir,
Though it will increase our litigation cost, but at the same tiem Fund and energy will also drain out, Their Mind will also remain disturbed. As My father of the age of 80 is only person to attend there, we require to finish the case at the earliest. Thats is the reason I am searching for more option to create more pressure on the opponent, Financial burden as well as Psychological burden.
Please guide if my thinking is wrong.
ajay sethi
(Expert) 10 July 2013
you are absolutely wrong . frivolous litigation is counter productive
