TMI Blog2009 (12) TMI 847X X X X Extracts X X X X X X X X Extracts X X X X ..... ople used to feel proud to tell truth in the courts irrespective of the consequences. However, post-independence period has seen drastic changes in our value system. The materialism has over-shadowed the old ethos and the quest for personal gain has become so intense that those involved in litigation do not hesitate to take shelter of falsehood, misrepresentation and suppression of facts in the court proceedings. In last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final. 2. In Hari Narain v. Badri Das AIR 1963 SC 1558, this Court adverted to the aforesaid rule and revoked the leave granted to the appellant by making the following observations: "It is of utmost importance that in making material statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material facts, his application is liable to be dismissed. We accordingly dismiss the Special Leave Petitions." 5. In S.P. Chengalvaraya Naidu (dead) by L.Rs. v. Jagannath (dead) by L.Rs. and others JT 1993 (6) SC 331, the Court held that where a preliminary decree was obtained by withholding an important document from the court, the party concerned deserves to be thrown out at any stage of the litigation. 6. In Prestige Lights Ltd. V. State Bank of India (2007) 8 SCC 449, it was held that in exercising power under Article 226 of the Constitution of India the High Court is not just a court of law, but is also a court of equity and a person who invokes the High Court's jurisdiction under article 226 of the Constitution is duty bound to place all the facts before the court without any reservation. If there is suppression of material facts or twisted facts have been placed before the High Court then it will be fully justified in refusing to entertain petition filed under Article 226 of the Constitution. This Court referred to the judgment of Scrutton, L.J. in R v Kensington Income Tax Commissioners (1917) 1 K.B. 486, and observed: "In exercising jurisdiction under Arti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The same rule was reiterated in G. Jayshree and others v. Bhagwandas S. Patel and others (2009) 3 SCC 141. 10. This appeal, which is directed against order dated 21.5.2001 passed by the Allahabad High Court is illustrative of how unscrupulous litigants can mislead the authorities entrusted with the task of implementing the provisions of U.P. Imposition of Ceiling on Land Holdings Act, 1960 (for short, "the Act") and the courts for retaining possession of the surplus land. The tenure-holder - Praveen Singh did not file statement in terms of Section 9(2-A) of the Act in respect of his holding as on 24.1.1971. After about four years, the Prescribed Authority issued notice dated 29.11.1975 under Section 10(2) of the Act and called upon Shri Praveen Singh to show cause as to why the statement prepared under Section 10(1) of the Act may not be taken as correct and his land may not be declared surplus accordingly. A copy of the statement was sent to Shri Praveen Singh along with the notice in C.L.H. Form No.4. For the sake of convenient reference, the notice is reproduced below: "C.L.H. FORM NO. 4 (See Rule 8) (Form of Notice under Section 10(2) of the imposition of Ceiling on L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at Shri Praveen Singh has not filed any objection and declared that 18.22 acres of irrigated land was surplus in the hands of the tenure-holder. After six months and twelve days, Shri Praveen Singh submitted an application dated 8.7.1976 along with what was termed as an affidavit before the Prescribed Authority and prayed that ex parte order dated 27.12.1975 may be set aside and he may be given opportunity to file objections and tender evidence. The Prescribed Authority rejected the application on the same day i.e. 8.7.1976 by observing that no valid ground has been made out for reconsidering the matter after six months. The appeal preferred by Shri Praveen Singh against the order of the Prescribed Authority was dismissed by Additional Commissioner (Judicial), Allahabad (Appellate Authority) in default because no one appeared on the date of hearing. The restoration application filed by Shri Praveen Singh was dismissed on 27.8.1980. He then challenged the orders of the Prescribed Authority and Appellate Authority in Writ Petition No. 8342/1980, which was allowed by the High Court and the matter was remitted to the Appellate Authority with a direction to decide the application of Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned operative till 21.5.2001 that is the date on which the writ petition was finally dismissed and during the interregnum the appellant continued to enjoy the property. 16. In the special leave petition filed against the order of the High Court, notice was issued on 12.10.2001, but the appellants prayer for stay was declined. Thereafter, the surplus land of the tenure-holder was distributed among the landless persons who were joined as parties pursuant to order dated 27.3.2006 passed in I.A. No. 9/2004. 17. After service of notice, respondent Nos. 1 to 3 filed counter in the form of an affidavit of Shri Pradip Kumar Singh, Additional Tehsildar, District Bijnor, U.P. In his affidavit, Shri Pradip Kumar gave details of the steps taken by the Prescribed Authority in terms of Section 10(1) and 10(2) of the Act and made a categorical assertion that notice issued on 29.11.1975 was duly served upon Shri Praveen Singh on 3.12.1975. This is evident from paragraphs 4(iv) and (v) of the counter affidavit read as under: "(iv) That the averments of facts made in the list of dates against date 7.7.1976 are not admitted being incorrect. The notice in CLH Form No. 4 having been se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "That it is denied categorically that the father of the petitioner had ever received the notice dated 29.11.1975 along with the statement of surplus land, prepared under section 10(1) of the Act. It is humbly stated that father of the petitioner could not file any show cause without going through the above referred statement prepared under Section 10(1) of the Act." 19. We have heard learned counsel for the parties and scrutinized the record. In our opinion, the appeal is liable to be dismissed only on the ground that the tenure-holder Shri Praveen Singh did not state correct facts in the application filed by him on 8.7.1976 before the Prescribed Authority for setting aside the ex parte order and the appellant did not approach the High Court with clean hands inasmuch as, by making a misleading statement in paragraph 3 of the writ petition, an impression was created that the tenure-holder did not know of the proceedings initiated by the Prescribed Authority. By making the said statement, the appellant succeeded in persuading the High Court to pass an interim order which resulted in frustrating the efforts made by the concerned authority to distribute the surplus land among landles ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh, grandson of Shri Praveen Singh and son of the appellant, boldly made a false statement that his grandfather did not receive notice dated 29.11.1975 along with the statement of surplus land prepared under Section 10(1) and he could not file any show cause without going through the statement. We are amazed at the degree of audacity with which Shri Sunil Kumar Singh could make a patently false statement on oath. 21. From what we have mentioned above, it is clear that in this case efforts to mislead the authorities and the courts have transmitted through three generations and the conduct of the appellant and his son to mislead the High Court and this Court cannot, but be treated as reprehensible. They belong to the category of persons who not only attempt, but succeed in polluting the course of justice. Therefore, we do not find any justification to interfere with the order under challenge or entertain the appellant's prayer for setting aside the orders passed by the Prescribed Authority and the Appellate Authority. 22. In the result, the appeal is dismissed. We would have saddled the appellants with exemplary costs but, keeping in view the fact that possession of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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