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Showing contexts for: antedated document in Shamim Zafar vs Dilwar Hussain Malik on 20 December, 2024Matching Fragments
Thus, serious clouds are raised on the veracity of title documents dated 21.06.2012 allegedly executed by JD no. 1 in favour of objector because as per RTI reply the stamp papers were issued by treasury in July and August 2012 and thus, the transaction dated 21.06.2012 cannot be documented on these stamp papers and the documents seem to be antedated. The RTI reply has been duly proved and therefore, it creates a prima facie case of irregularity in the documentation of the transaction. Since the objector is relying upon the transaction dated 21.06.2012, EX/9939/2016 CIS No. DLSE010094432016 Page no. 17/28 M. No. 24/24CIS No. DLSE01-012115-2024 Dated 20.12.2024 SHAMIM ZAFAR Vs. DILAWAR HUSSAIN MALIK PRABHDEEP KAUR KAUR Date:
Now as far as the Will Ex. OW-1/4, Possession letter Ex. OW-1/5 and receipt Ex. OW-1/6 are concerned, all the OWs have categorically deposed that these documents were executed on 21.06.2012 alongwith GPA etc. i.e. Ex. OW-1/1 to Ex. OW-1/3 and once the execution of GPA etc. i.e. Ex. OW-1/1 to Ex.
OW-1/3 is under clouds being antedated documents, the testimonies of the witnesses with respect to execution of documents Ex. OW-1/4 to Ex. OW-1/6 cannot be trustworthy because Court has to read the testimonies in whole and Court cannot read them in parts.
As observed above, DH has been able to prove that the documents relied upon by the objector might be antedated. However, considering the fact that objector has established that she is in possession of the property at least since 11.09.2012 and considering the overall facts and circumstance, it does not seem to be "expedient in the interests of justice" to initiate any proceedings against the objector and accordingly, the application of DH no. 1 stands dismissed.
29. Further, objector has moved an application u/S 195/340 Cr. PC for initiating appropriate criminal action against the JD no. 2 Ms. Nazma Malik for making false averments on affidavits and filing false affidavits and giving false evidence and also for misleading and playing fraud upon this Court. By way of this application, objector seeks to initiate appropriate criminal action against PW-2 Ms. Nazma Malik for making false averments on affidavits / filing false affidavits and giving false evidence and also for misleading and playing fraud upon this Court and for placing false and fabricated documents on record as evidence before this Court few of them are pointed herein below:-