FABRICATION OF DOCUMENT
2 years ago
In agreement of release deed executed between brothers the penalty clause was recorded as "As per agreement it was agreed that they would pay me Rs.40,000/- and that I would execute a release deed in their favour releasing and giving up my 1/4th share in the suit property and on their default I should pay my brothers Rs.1,20,000/- and I would get the release deed executed by them releasing their 3/4th share in the suit property relased in my favour." Now in SLP Petition it is recorded as "More importantly we hereby agreed to pay the sum of Rs.40,000/- payable to the party of the 3rd part within 6 months, in the event of failure to pay, we hereby agreed to pay a sum of Rs.1,20,000/- by all the three of us i.e., 1, 2 and 4 th of us as such this agreement was made and executed among ourselves" Based on the above fabricated document Status Quo relief was granted to go for settlement between brothers for which i recorded my denial letter with Supreme Court. Is it not a kind of Fraud? Is it not liable to be dismissed? Please reply
Your contention is correct.
The contents of the release deed is in dispute. You are saying that contents of the deed as per your version is true and genuine. What the opposing parties are alleging are false, and they have made a fabricated document. Now you have to establish your version by adducing evidences. It is upto the court to decide whether there was a fabrication of document or not.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
The crux of the dispute is that according to you penalty clause is something else, and according to the other party, the contents are different. You will have to establish your case in the court of law by adducing evidences in your favor. You will have to prove that your version of statement is true not theirs.
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If required the court shall dismiss.
Tanmoy Chattopadhyay
Responded 2 years ago
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
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