OBTAINING PROPERTY BY FALSE AFFIDAVIT RESULTS IN CANCELLATION OF ALLOTMENT OF PLOT: SUPREME COURT The Supreme Court while hearing an appeal against the order of the High Court stated that affidavits are not mere sheets of paper, but statements on oath made before a person authorised to administer an oath and the person who obtains property by filing a false affidavit is not entitled to any equitable relief. In the present case there exists a dispute in allotment of a land plot by the Appellant authority to the members of the Defence Service Cooperative Housing Society, in which the Respondent was a member. The dispute arose from the fact that Respondent and his wife had fraudulently acquired the lease of two such plots when the Appellant had a policy that no family would be allowed more than one plot so as to provide housing to a large number of households. The appellant contended that the respondent fraudulently acquired the second plot by stating misrepresentations in the affidavit filed before the authority. The trial court, first appellate and High Court were of the view that the respondent and his wife had no motive to bring about fraud on the appellant and also there was no dishonest and wilful intention. However, the Supreme Court held that when a false affidavit is filed, no benefit can be claimed on the ground that the delivery of possession was made and therefore, the Apex Court dismissed the judgments and decrees passed by the lower courts, and finally held that, the second plot had been allotted against the express terms of allotment. Therefore, there is neither equity nor any law in favour of the plaintiff. A person who misleads the Authority in obtaining allotment of a plot is not entitled to any relief. Reddy and Reddy Law Firm is well experienced in the field of litigation and has successfully represented clients in civil, commercial and criminal litigation proceedings before the relevant Indian courts.
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