SATLUJ JAL VIDYUT NIGAM v. RAJ KUMAR RAJINDER SINGH (DEAD) THROUGH LRS. & ORS.

A it by true evidence”. The principle of “finality of litigation” cannot be pressed to the extent of such an absurdity that it becomes an engine of fraud in the hands of dishonest litigants. The courts of law are meant for imparting justice between the parties. One who comes to the court must come with clean hands. We are constrained to say that more often than not, the process of the court is being abused. Property-grabbers, tax- evaders, bank-loan-dodgers and other unscrupulous persons from all walks of life find the court - process a convenient lever to retain the illegal-gains indefinitely. We have no hesitation to say that a person, who’s case is based on falsehood, has no right to approach the court. He can be summarily thrown out at any stage of the litigation.

6. The facts of the present case leave no manner of doubt that Jagannath obtained the preliminary decree by playing fraud on the court. A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is D a deception in order to gain by another’s loss. It is a cheating intended to get an advantage. Jagannath was working as a clerk with Chunilal Sowcar. He purchased the property in the court auction on behalf of Chunilal Sowcar. He had, on his own volition, executed the registered release deed (Exhibit B-1S) in favour of Chunilal Sowcar regarding the property in dispute. He knew that the appellants had paid the total decretal amount to his master Chunilal Sowcar. Without disclosing all these facts, he filed the suit for the partition of the property on the ground that he had purchased the property on his own behalf and not on behalf of Chunilal Sowcar. Non-production and even non-mentioning of the release deed at the trial tantamounts to playing fraud on the court. We do not agree with the observations of the High Court that the appellants-defendants could have easily produced the certified registered copy of Exhibit B-15 and non-suited the plaintiff. A litigant, who approaches the court, is bound to produce all the documents executed by him which are relevant to the litigation. G If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well as on the opposite party.”

73Copy pinpoint73. In K.K. Modi v. K.N. Modi, (1998) 3 SCC 573, it was observed that one of the examples cited as an abuse of the process of the court is H

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SINGH (DEAD) THROUGH LRS. [ARUN MISHRA, J.]

re-litigation. It is an abuse of the process of the court and contrary to justice and public policy for a party to re-litigate the same issue which has already been tried and decided earlier against him.

74Copy pinpoint74. Learned counsel for the respondent has placed reliance on the decision rendered in Ujjagar Singh v. Collector, Bhatinda, (1996) 5 SCC 14, wherein this Court examined the effect of coming into force of Punjab Land Reforms Act, 1972 and vesting of the surplus area in the State. In this case, the area in possession of landlord was declared surplus under the Pepsu Act, but possession had not been taken by the State. It was held that area did not vest finally as the surplus area under the Pepsu Act, owing to coming into force of the new Act, the ceiling area must be determined afresh under the new Punjab Act. In the instant case, the order was passed in ceiling matter in the year 1980 and the adjudication order of Collector (Ceiling) was not questioned nor the order of remand to declare land as surplus and then the additional land was declared surplus in 1993. It was not the case of re-opening of the case. In fact, the land has vested in the State under the Abolition Act. D Thereafter, compensation has been obtained, obviously once land has vested in the State, the possession of such land/open land is deemed to be that of the owner. In any view of the matter, in the facts and circumstances of the instant case, compensation could not have been claimed. E

75Copy pinpoint75. In State of H.P. v. Harnama, (2004) 13 SCC 534, this Court observed that possession of land was not taken and the tenant was in occupation of the land and had acquired ownership rights before the land was declared surplus as against the landlord. It was further observed that the land in question had been notified as surplus and the fact that the original owner of the land had been paid compensation, would be of no F avail to the State if before the date of actual vesting non-occupant tenant in possession of the land had acquired ownership rights. It is totally distinguishable and cannot be applied to the instant case.

76Copy pinpoint76. Learned counsel on behalf of the respondent has referred to the decision rendered in Madan Kishore v. Major Sudhir Sewal, (2008) G 8 SCC 744, wherein question arose with respect to entitlement of sub- tenant to apply under Section 27(4). It was held that the expression in Section 27(4), such tenant who cultivates such land, does not entitle a sub-tenant either to claim proprietary rights or apply for the same under H

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A Section 27(4). It was held that he was not a sub-tenant. The decision is of no help to the cause espoused on behalf of LRs. of Rajinder Singh. In the peculiar facts projected in the case the principle fraud vitiates is clearly applicable it cannot be ignored and overlooked under the guise of the scope of proceedings under Section 18/30 of the LA Act. B In Re Q. No.5 Bona fide Transferees :

77Copy pinpoint77. With respect to the appeals filed by SJVN Ltd. arising out of judgment and order of 2013 in the matter of bona fide transferees, filed in the year 2014, the High Court has held that the respondents are bona fide transferees from Rajinder Singh. However, it was pointed out on behalf of the appellants that in 72 reference cases, the regular first appeal is still pending in the High Court. It has been held by the Reference Court that the claimants are not entitled to any compensation. In case regular first appeal is pending in the High Court as against the order of reference court against the respondents who claim to be bona fide transferees, obviously, the question of bona fide transferee has to be decided finally in the pending regular first appeal before the High Court. In case appeal has not been filed or has been decided, the compensation to follow the decision. We do not propose to give final verdict on issue at this stage. We leave the question open to the High Court to adjudicate. However, in case compensation has been paid to transferees, the compensation paid shall not be recovered till such time pending appeal is decided. In case no matter against transferees is pending and appeal has been decided in favour of land owners, obviously they have to be paid and this Order will not come in the way.

78Copy pinpoint78. Resultantly, we allow the appeals and direct that the compensation that has been withdrawn by Late Rajinder Singh or his LRs. in the case of land acquisition, in original proceedings or under section 28-A shall be refunded along with interest at the rate of 12 percent per annum within 3 months from today to the appellants/State, as the case may be, and compliance be reported to this Court. The appeals are accordingly allowed. We leave the parties to bear their own costs.

Ankit Gyan Appeals allowed.