How to take benefit from mismatch of statement
Debjit
(Querist) 03 November 2011
This query is : Resolved
Dear Sir,
Since long we are facing problem from a tenant at our house in Kolkata. The eviction case is continuing since the year 1991. My father is now in the 80s and he alone is fighting the case against the tenant as I (an Ex-Defence Person) is staying at Mumbai for my Civil profession afer completion of my Defence Teneure.
In the year 1995 A claim was raised by my father against the tenant for deliberately damaging our Varandah. Then the tenant said that the varandah is not being used by them hence the damage is not by them.
Now, few months back I recovered the varandah from their occupation. They now asked for injunction saying since the first day they were using the varandah for washing utensils,cloths etc.
As both the statement conflicting, can i take benefit of false statement ? Can I raise claim of damage as per their statement that they were mis-using the varandah ?
Request guide
ajay sethi
(Expert) 03 November 2011
no injunction order will be granted . in your reply point out the affidavit filed by them wherein they have stated they are not using the varandah .
your lawyer is the best judge as he has gone through the case papers . go by his advice
Prakash Langalia
(Expert) 03 November 2011
at the stage of interium injunction court consider whether prima faci case made out by the party asking injunction ? secondly balance of convenience and comparative hardship. looking to the fact of your case when tenant admitted in affidavit that he is not using varandah, that admitted fact is sufficient to prove your case. you can also file suit for illegal damage.
prabhakar singh
(Expert) 04 November 2011
If you oppose in the court exparte injunction ,if any granted,shall be vacated.
In case you want to claim damage file counter
claim of damages in the same very suit.But choose one way not both as each is destroyer
of the other.
