Perjury by landlord
Swaty Gupta
(Querist) 10 August 2022
This query is : Resolved
Dear Experts,
My family is a tenant of commercial premises since 1948 in Delhi. We had a long ongoing dispute with an ex partner. In 2015, this ex partner made his Samdhi buy this premises who became the landlord.
First this landlord initiated legal proceedings calling my family illegal tenants and cited damage to the premises. He was proven wrong and rt before losing the case, he withdrew it.
By that time 5 yrs had passed, and then he initiated eviction against us citing bonafide need for his son which he won. He said that his son has quit job, is presently unemployed and wants to do business.
The review and appeal in high court was also dismissed.
The eviction deadline is 31st March. Meanwhile, We have come into possession of multiple documentary evidence which are a clear proof that landlord's bonafide claim is a total lie. Even the intention to open business can be proven otherwise.
We have realised that their is no relief for a tenant in the courts now. We tried giving these evidence in high court but were refused an opportunity to present it.
The landlord has lied not once but twice in the courts and engaged previously in frivolous and now false litigations against my family causing great drain on our mental peace and finances.
If we do not challenge the eviction any further, is there any way that the landlord can be tried for perjury.
We are under litigation with the person in the background (ex partner) for the last 42 years, and now his prop finally got us evicted.
Does a better title of property entitle a landlord to lie in the courts.
Regards
Swati
T. Kalaiselvan, Advocate
(Expert) 10 May 2024
No perjury case can be maintainable against the landlord in the given situation.
You should have produced the documents during the pendency of trial proceedings or sought for action against them of perjuring the law, you have lost the opportunities then hence you cannot take an y action in that connection now.
You had accepted their pleadings at that time by not producing any documents before court to rebut their claim and also you have lost the case in appeal as well therefore there is no reason for you to claim perjury against them at this stage
