Affidavit – False affidavit – fraud – Allotment of plot – The filing of a false affidavit disentitles the plaintiff for any equitable relief – Affidavits filed were not mere sheet of paper but a solemn statement made before a person authorized to administer oath or to accept affirmation – The plaintiff had breached such solemn statement made on oath – 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 – Plaintiff had invoked the jurisdiction of the Civil Court even though he had filed a false affidavit that his spouse or dependent children have not been allotted any plot – cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease – Fact is that the second plot allotted to the plaintiff had been allotted against the express terms of allotment based on a false affidavit that the plaintiff or his family members have not been allotted a plot earlier – Therefore, there is neither equity nor any law in favor of the plaintiff – A person who misleads the Authority in obtaining allotment of a plot is not entitled to any relief – Transfer of Property Act, 1887, S.111(g) – Uttar Pradesh Industrial Development Act, 1976, S.14.
(2022-1)205 PLR 725 (SC) , 2022 SCeJ 0301
