This writ petition arises out of an objection under Section 9 of the U.P. Consolidation of Holdings Act filed by the respondents claiming on the basis of a Will in their favour said to have been executed by one Ganga Prasad. This Will was produced before the Consolidation Officer and proved in accordance with Section 68 of the Evidence Act and on this basis the objection was allowed by the Consolidation Officer. At the appellate stage, the marginal witness who had proved the Will filed an affidavit copy whereof has been filed today as Annexure SA-1 to the Supplementary Affidavit sworn by Kuldeep Singh.
In paragraph 3 of this affidavit, it has been stated by Puttan Singh that he had deposed before the Consolidation Officer as he had been informed and he was to depose in favour of Sundara sister of the testator. Relying upon the said affidavit the order of the Consolidation Officer was set aside and the matter was remanded for decision afresh. This order of remand has been set aside by the Deputy Director of Consolidation on the finding that the witness who had testified before the Court can not give an affidavit resiling from the statement before the court. This order is under challenge by means of this petition.
Be that as it may, it is clear that the said Puttan Singh has been given conflicting statments before the various courts. Irrespective of the fact as which the statement is taken to be true, the fact remains that either the oral testimony or the affidavits filed by him are false.
Prima facie, a case of perjury is made out. Under the circumstances, it is thought fit that the said Puttan Singh be summoned to appear before this Court on the new date fixed to explain his conduct in the matter.
Let notices be issued to Puttan Singh s/o Ram Lal village Pandit Khera, Pargana Pariyar Tehsil or District Unnao requiring his personal presence fixing 19th March, 2014. Office shall take steps immediately in this regard.
List on 19th March, 2014.
Order Date :- 27.2.2014 Priyanka