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2019 (1) TMI 1779 - HC - Indian LawsCancellation of agreement - vacation of shops - Whether in case of suppression of material fact the writ will be held to be maintainable being the writ court of equity? - HELD THAT:- It is evident that the lease deed agreement has been entered into in between the parties and as such the same are binding upon both the parties. The lessee are liable to pay the municipal charges enumerated under condition No. 4 while they have been restrained from making any transfer or sublet the aforesaid property or any part thereof to any other person/firm without the prior written permission of the lessor or its representative duly authorised in this regard. There is no dispute about the fact that the litigant who is approaching the jurisdiction conferred under Article 226 of the constitution of India to High Court is supposed to come out with a clean hand and without suppression of material facts and the material facts has been defined which mean material for the purpose of determination of the issue. Here, in the instant case the petitioners all along case is that the impugned orders have been passed without following the principle of natural justice but in fact the show cause notice has been issued and the same has been responded by them, therefore the same is said to be active concealment on their part and thus the writ petitions deserve to be dismissed on the ground of suppression of material facts. The ground taken by the petitioners is violation of principle of natural justice but the same has been found to be a ground non-est because show cause notice has been issued which has been responded to, therefore, it will be said to be the material suppression of fact and hence the petitioners deserve to be given any benefit - Petition dismissed.
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