The Division Bench of the Supreme Court consisting of Justices Hemant Gupta and V. Ramasubramanian opined that affidavits filed 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.
Facts
The plaintiff-respondent was allotted a residential plot and the possession of the plot was handed over to him. However, prior to the allotment, a plot at Sector 15A was allotted to the wife of the plaintiff. There was an uncertainty on account of litigation between the Society of which he was a member with the appellant authority. Therefore, the plot at Sector 15A was applied for, which was allotted to the plaintiff’s wife. It was pleaded that since the plaintiff was interested in Sector 30 plot as member of the Society, therefore, the wife of the plaintiff transferred the Sector 15A plot in favor of one Mrs. Kanta Modi after obtaining permission from the appellant. Later, a transfer deed was executed.
Procedural History
The plaintiff was served with a notice 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. The grievance of the plaintiff was that since the Sector 15A plot has been sold after obtaining permission from the appellant. With the said claim, the suit for declaration was filed restraining the defendant from re-allocating the Sector 30 plot and from dispossessing the plaintiff from the same. After consideration, the plot was cancelled. A written statement was filed by the appellant. The learned Trial Court decreed the suit inter alia on the ground that the lease executed in favour of the plaintiff cannot be determined merely by passing the subject order in terms of Section 111 (g) of the Transfer of Property Act, 1887 as no notice for determination of lease under the said section has been issued. Therefore, all rights in the lease would survive. The first Appellate Court and the High Court affirmed the findings recorded by the Trial Court. The High Court further held that plaintiff and his wife had no ulterior motive to perpetrate fraud on the appellants. It was noted that there was no wilful or dishonest intention on the part of the plaintiff and his wife.
Contentions Made
Appellant: The entire basis of the decree passed by the Courts was erroneous and wholly untenable in law. The appellant had a policy that a family would not get more than one plot to provide housing to large number of citizens. The allotment was cancelled because the wife of the plaintiff was allotted a plot earlier in point of time but still, the plaintiff filed an affidavit not disclosing the allotment of such plot to his spouse. Thus, it was a violation of the terms and conditions of the allotment.
Respondent: The terms and conditions of the sale of developed leasehold rights have not been produced on record. The plaintiff became the member of the Cooperative Housing Society in the year 1976 but the disputes were pending for a long time. Therefore, the plot at Sector 15A was sought, which was allotted to his wife. Subsequently, after the settlement of the dispute, such plot was allotted to the Society and as a member of the Society, he has been allotted a residential plot.
Observations of the Court
The Bench observed that:
“The allotment was said to be subject to terms and conditions as enclosed. Such terms clearly show that a person himself owning, or in case of his spouse or dependent children owning a plot within the Municipal Corporation of Delhi or New Delhi or Noida complex, will not be eligible for allotment of a plot in Noida. The affidavit of the wife of the plaintiff was false as the plot measuring 450 sq. yards stood allotted to the plaintiff. Therefore, on the date the wife of the plaintiff had sworn the affidavit, the Sector 30 plot was already allotted to the plaintiff.”
“Since the lease was executed, the wife of the plaintiff applied for permission to transfer. The permission was granted by the appellant without having knowledge of the fact that the husband of the allottee has already been allotted a separate plot. Once an affidavit has been filed which is on the face of it false to the knowledge of the executants, no benefit can be claimed on the ground that delivery of possession was given.”
“The filing of a false affidavit disentitles the plaintiff for any equitable relief. Secondly, any irregularity in the process of cancellation stands cured with Chief Executive Officer granting permission.”
Judgment
The judgment and decree of the courts were set aside, and the suit was dismissed.
Case Name: New Okhla Industrial Development Authority vs Ravindra Kumar Singhvi (Dead) Thr. Lrs.
Citation: CIVIL APPEAL NO. 382 OF 2012
Bench: Justice Hemant Gupta, Justice V. Ramasubramanian
Decided on: 15th February 2022
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