Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suit for declaration |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Suit – Suit for declaration – The wife of respondent was allotted a plot in Sector 15A, Noida on 10.3.1981 – She sworn on affidavit dated 4.3.1983 that neither she nor her spouse owned any other plot in Noida – On 6.10.1981 respondent was allotted residential plot in Sector 30, Noida – The allotment was inter alia subject to term and condition that a person himself owning, or in case of his spouse or dependent children owning a plot within Municipal Corporation of Delhi or New Delhi or Noida complex, will not be eligible for allotment of a plot in Noida – Respondent filed affidavit alongwith his letter dated 1.12.1988 stating that he, his spouse and dependent children did not own in full or part any residential plot/house/flat in Noida, Delhi and New Delhi – The wife of respondent transferred the Sec 15A plot vide transfer deed executed on 25.10.1990 – Respondent was served notice on 12.6.1996 that the Sector 30 plot had been obtained by him by submitting a false affidavit as Sector 15A plot was already allotted to his wife – After reply to notice, the allotment was cancelled on 18.10.1996 – Respondent filed suit for declaration restraining the appellant from re-allocating the Sec 30 plot & from dispossessing the respondent – Trial court decreed the suit – First Appellate Court and the High Court affirmed the findings of trial court – Held: The second plot (Sector 30 plot) allotted to the respondent had been allotted against the express terms of allotment – There is neither equity nor any law in favor of the respondent – A person who misleads the Authority in obtaining allotment of a plot is not entitled to any relief – Judgment & decree of the Courts below set aside – Uttar Pradesh Industrial Development Act, 1976 – s.14. Affidavit – Filing of false affidavit – Effect – Held: Affidavits are not mere sheet of paper but a solemn statement made before a person authorized to administer oath or to accept affirmation –The filing of a false affidavit disentitles the plaintiff for any equitable relief – On facts, cancellation of allotment of plot obtained after filing false affidavit was a legitimate ground of cancellation of lease. Fraud – Effect – Held: It vitiates all actions. |
Judge | Hon'ble Mr. Justice Hemant Gupta |
Neutral Citation | 2022 INSC 184 |
Petitioner | New Okhla Industrial Development Authority |
Respondent | Ravindra Kumar Singhvi (dead) Thr. Lrs |
SCR | [2022] 1 S.C.R. 1113 |
Judgement Date | 2022-02-15 |
Case Number | 382 |
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