Case Summary
The petitioner, Syam, is involved in a dispute regarding an eviction suit and allegations of forgery related to a rental agreement with the original landlord's heirs. The petitioner claims to have a prior valid rental agreement while the respondents allege a renewed agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Original Suit
Final Judgment
No
The petition for initiating proceedings under section 340 of the Cr.P.C. was dismissed as the court found no grounds for such initiation. Both parties were directed to bear their own costs.
Key Reasoning:
The court found that the allegations of forgery were not sufficient to initiate proceedings under section 340 of the Cr.P.C.
The court found that the allegations of forgery were not sufficient to initiate proceedings under section 340 of the Cr.P.C.
Why Defendant Won:
Not available
Not available
Supporting Evidence
There are a plethora of decisions which would go to show that for initiating proceedings u/s 340 of the Cr.P.C, 1973, the alleged act should be committed within four walls of the court. Here, there is no such case for the petitioner.
Judgment Evidence:
In the result, petition dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syam
- Party Role
- Defendant
- Party Name
- Thasneem
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Resvin
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rizvan
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. F. Nahas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Rejected
Description:
Initiation of proceedings u/s 340 of the Cr.P.C, 1973.
Evidence:
So this court finds force in the argument urged by the learned counsel for the respondents.
Documents & Evidence
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Forgery of document
Case Code
R.C.P.
Case Code Year
2023