Sir,
The suite is to demolish newly constructed house. The house is constructed in approved lay out, with all permissions.
The plaint filed false statement in their suite stating non existing floors of house, that is only G+4 only but plaint says it is g+5, the plaint is represendted by minors mother who are aged about more than 5 years. Asper hindu minorityy and sucession act sec 6(a) after father only the mopther is legal guardian. Minors father is alive and living jointly with mother. This is case of false personation.
The plaint claims violation of easementary rights of air, ventelation and sun light from 18 years to 1st and ground floor of plaint house, but the plaint house do not had 1st floor until 2010. This is false claim.
there is no encourachment of land by defandent, the corportion has given all permissions and not conteted in suite by same corporation.
The plaint has tempared their title deed which have details of plaint house in 2010,
Plaint claim that violation of easement rights, which rise out of same land but not from different land. Plaint plot and defandent plots are adjacent, that mean there are easement rights for plaint.
the plaint claim they left proper setbacks to their house for proper ventilation and air, but factually they left least set back and on some sidesthey blocked ventilation.
Esasement rights is also false claim.
By oath and in writting they have filed false affidavit by false personation, false claim and tampering of records by mother of minors on abetment of father.
Unortunately the defandent counsel was abscent for one of the adjudication of I.A , the court passed exparte decree, on the same day the defandents counel has pleaded reopening of I.A, which is in consideration and posted for arguments in next month.
Now the defandent want to file perjury petition as both original suite and I.A are false, if that is case what are out comes?
Please advise a course of action for defandent.