Anonymous
Asked July 19, 2016

Land dispute and Forged document submitted in the court by a judge

  • 1 Answer
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My father bought a property (plot) by 2009 (survey number 62/8A). But by 2010, a session judge claims that it is her property. Her claim is that her father has bought this property by 1995 and through gift settlement she has got it by 2008. She submits the photo copies of sale deed document (1995) and gift settlement document(2008) and registered a case in district Municipal court by 2010. 3 years before, we came to know that the sale deed document(1995) she submitted in the court is forged. The original document has the survey number as 62/8C. But she has forged the survey number as 62/8A and claims that its her property. We have got the certified copy of the original document (sale deed 1995 containing 62/8C) from the district registrar. Since she is a judge, she is not allowing the case to proceed, only adjournment for all these days. we have even received a direction from DRO to close the case within 3 months, but there is no proceedings. We didn't even received a chance to explain that the document submitted by her is fake. Please let us know what has to be done to fasten this case. Is it possible to make a complaint or grievance in District court or hight court. Can we file a RTI regarding this, will it help to solve this issue. Interesting fact that there is no such plot exists in the survey number 62/8C. Her father was cheated by some one in 1995 and now they have forged the document (sale deed-1995) as 62/8A and claim it as theirs.

Answer 1

You can either approach the highest authorities of the District Registrar’s Office, Commissioner, Registrar or the Chief Secretary or if you have already done so, you can file an appeal in the High Court, with the original document obtained by you.

You can file a case against the Judge on an individual level for forgery and fraud. Under S.464[1] and 465[2] of the Indian Penal Code, 1860, forgery and false documents are classified as punishable offences. As per S. 464 of IPC, the Judge can be said to have made a false document as she has dishonestly and fraudulently made the document copy with the intention of causing it to be believed that the said document was made by the authority of the seller for her father, by whom however, she knows that it was not made. Also, S. 465 of IPC says, ‘whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.’

If you wish to initiate specific actions against her for disrupting the proceedings, for misleading the court and for contempt of court, you can do so under S. 10[3] and S. 16[4] of Contempt of Courts Act, 1971 (referred to as The Act herein) which provides the power to the High Court to take actions against her for contempt of court charges. As per S. 14(1) of The Act[5], a contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

Also, RTI would not be necessary in this case as the forged document is the evidence for the Judge to substantiate her claim over your property and you can counter her claim through the original document acquired by you. Moreover, it would be even more difficult for her to disrupt the case in the High Court.

 

[1] Available at: https://indiankanoon.org/doc/1745798/

[2] Available at: https://indiankanoon.org/doc/1317063/

[3] Available at: https://indiankanoon.org/doc/1396751/

[4] Ibid.

[5]Ibid

Agree Comment 0 Agrees about 1 year ago

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