Appointing topmost lawyers will not help when basic cause is hopeless.

 

Appointing topmost lawyers will not help the party when basic cause is hopeless.

Supreme Court imposed a cost of Rs. 25 Lacs upon Petitioner represented by Sr. Adv. Abhishek Manu Singhavi.

Court also directed strict action against public servants involved in conspiracy to loot the public property.

In  V.Chandrasekaran & Anr vs Administrative Officer (2012) 12 SCC 133 the Supreme Court outrightly rejected the appeals with the heavy costs of Rupees Twenty Five lacs.  The appellants were represented by senior counsel  Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta.  Such judgments of the Supreme Court will send a message in the society that the Courts are concerned only with the merits of the case and the identity of lawyer will not affect or influence the decision. Such bold Judges will enhance the respect of the Supreme court in the mind of common public and is also an encouraging factor for deserving junior lawyers.

It was observed by Hon’ble supreme Court that;

“Facts of the case reveal a very sorry state of affairs as how the public property can be looted with the connivance and collusion of the so called trustees of the public properties. It reflects on the very bad governance of the State authorities.

the Chief Secretary of Tamil Nadu is requested to examine the issues involved in the case and find out as who were the officials of the State or Board responsible for this loot of the public properties and proceed against them in accordance with law. He is further directed to ensure eviction of the appellants from the public land forthwith.”

 The relevant paras reads thus;

“ 3. Dr. Abhishek M. Singhvi and Mr. Rajiv Dutta, learned senior counsel appearing for the appellants, have submitted that, since the Section 6 declaration dated 6.6.1981 has been quashed in toto and no fresh declaration was made thereafter, subsequent proceedings are void ab-initio.

..Dr. A.M. Singhvi has not pressed for the relief of reconveyance. However, it is apparent that the appellants’ claim cannot co-exist and can be said to be blowing hot and blowing cold, simultaneously.

.. A party cannot be permitted to “blow hot and cold”, “fast and loose” or “approbate and reprobate”. Where one knowingly accepts the benefits of a contract or conveyance or an order, is estopped to deny the validity or binding effect on him of such contract or conveyance or order. This rule is applied to do equity, however, it must not be applied in a manner as to violate the principles of right and good conscience

In view of the above, we are of the considered opinion that the sale deeds in favour of the appellants are void and unenforceable.

36. In Dalip Singh v. State of U.P. & Ors., (2010) 2 SCC 114, this Court noticed an altogether new creed of litigants, that is, dishonest litigants and went on to strongly deprecate their conduct by observing that, the truth constitutes an integral part of the justice delivery system. The quest for personal gain has become so intense that those involved in litigation do not hesitate to seek shelter of falsehood, misrepresentation and suppression of facts in the course of court proceedings. 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.

37. The truth should be the guiding star in the entire judicial process. “Every trial is a voyage of discovery in which truth is the quest”. An action at law is not a game of chess, therefore, a litigant cannot prevaricate and take inconsistent positions. It is one of those fundamental principles of jurisprudence that litigants must observe total clarity and candour in their pleadings. (Vide: Ritesh Tewari & Anr. v. State of Uttar Pradesh & Ors., (2010) 10 SCC 677; and Amar Singh v. Union of India, (2011) 7 SCC 69).

38. In Maria Margarida Sequeria Fernandes & Ors. v. Erasmo Jack de Sequeria (dead), (2012) 5 SCC 370), this Court taking note of its earlier judgment in Ramrameshwari Devi v. Nirmala Devi, (2011) 8 SCC 249 held:

“False claims and defences are really serious problems with real estate litigation, predominantly because of ever-escalating prices of the real estate. Litigation pertaining to valuable real estate properties is dragged on by unscrupulous litigants in the hope that the other party will tire out and ultimately would settle with them by paying a huge amount. This happens because of the enormous delay in adjudication of cases in our courts. If pragmatic approach is adopted, then this problem can be minimised to a large extent.” The Court further observed that wrongdoers must be denied profit from their frivolous litigation, and that they should be prevented from introducing and relying upon, false pleadings and forged or fabricated documents in the records furnished by them to the court.

39. In view of the above, the appellants have disentitled themselves for any equitable relief.

Facts of the case reveal a very sorry state of affairs as how the public property can be looted with the connivance and collusion of the so called trustees of the public properties. It reflects on the very bad governance of the State authorities.

43. The aforesaid conclusions do not warrant any relief to the appellants. The appeals are dismissed with the costs of Rupees Twenty Five lacs, which the appellants are directed to deposit with the Supreme Court Legal Services Authority within a period of six weeks.

44. In addition thereto, the Chief Secretary of Tamil Nadu is requested to examine the issues involved in the case and find out as who were the officials of the State or Board responsible for this loot of the public properties and proceed against them in accordance with law. He is further directed to ensure eviction of the appellants from the public land forthwith.”

 

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