FACTS OF THE CASE.
A PROPERTY WAS PARITTIONED AT HIGH COURT AND DECREED IN 1968 BETWEEN 'A' AND 'B'.
LOT 'A' ALLOTTED TO 'A' LOT 'B' ALLOTTED TO 'B'.
'AA' IS THE SUCCESSOR OF 'A'.
DURING HIS LIFE TIME 'B' MADE A TRUST DEED WHEREIN 'BB' IS THE SOLE BENEFICIERY AND REGISTERED IT. SUBSEQUENTLY 'B' REVOKED ALL PRVIOUS INSTRUMENTS AND MADE A 'WILL' BEQUEATHING ALL HIS PROPERTY TO 'BB''. 'BB'. AFTER DEMISE OF 'B' PROBATED THE WILL IN 2002.
'AA' DID A BURGLARY IN THE PROPERTY OF 'BB' IN 2009.
STATEMENT 1 : IN AN RTI REPLY IN CONNECTION WITH BURGLARY, POLIC REPLIED CITING 'AA' THAT 'AA SAID 'BB' IS THE BENEFICIERY UNDER TRUST OF PROPERTY IN LOT 'B'.
STATEMENT 2: IN 2013 'AA' FILED A MALICIOUS TITLE SUIT CLAIMING TITLE TO PROPERTY IN LOT 'B' AND THEREIN HE STATED UPON AFFIDAVIT THAT 'BB' IS A TRESPASSER.
PLEASE GUIDE AND CLARIFY ME IF:
1. THIS ATTRACTS PROVISIONS OF PERJURY?
2. THIS ATTRACTS PROVISIONS OF ESTOPPEL?
3. AS THE PROPERTY OF CIVIL NATURE IS ALREADY ADJUDICATED AT HC BETWEEN THE PREDECESSORS OF 'A' AND 'B' DOES THIS ATTRACT PROVISIONS OF RES-JUDICATA?
IF ALL THE THREE APPLICABLE OR ANY COMBINATION THEREOF, PLEASE TELL WHICH WILL BE THE SHORTEST TO QUASH THE CIVIL SUIT AND INITIATE ACTION ON 'AA' FOR INSTIGATING MALICIOUS PROSECUTION ON 'BB'
THANKS AND REGARDS.
SREEJIT.
