Allahabad HC imposes costs of Rs 50k for Filing False Affidavits before Revenue Authority to get Widow's Property [Read Order]
Allahabad High Court – Widow’s Property – Revenue Authority to get Widow’s Property – taxscan – HC Imposes costs
Allahabad High Court – Widow’s Property – Revenue Authority to get Widow’s Property – taxscan – HC Imposes costs
The Allahabad High Court imposed costs of Rs 50,000 for filing false affidavits before revenue authority to get widow's property.
The counsels for the parties stated that it would not be necessary to file the detailed counter affidavit or the rejoinder affidavit and the matter may be heard finally, at this stage. The Counsel for the petitioners has also filed a certified copy of the memo of revision preferred by the petitioners under Section 219 of the U.P. Land Revenue Act, 1901 against the order of the Tehsildar, the same is taken on record.
It was further submitted that the Courts below had failed to appreciate or had ignored the fact that the petitioners had never filed any copy of unregistered Will before the Tehsildar but the findings were recorded by the Tehsildar in his order regarding the unregistered Will, all the Courts below had decided the cases against the petitioners on the basis of findings given by the Tehsildar in the order related to the unregistered Will, which was neither filed by the petitioners nor claim was on the basis of any unregistered Will.
The counsel for the respondents submitted the petitioners had produced two forged unregistered Wills of the same date and when the first unregistered Will was not accepted by the Tehsildar in the proceedings under Section 34 of the U.P. Revenue Code, 2006preferred by the petitioners by assigning reasons for not accepting the unregistered Will. Thereafter the petitioners produced a second unregistered Will of the same date removing all the defects and came forward with a case that before Tehsildar they had not filed any unregistered Will on which the findings were given by the Tehsildar and that too, the said objection or ground was taken for the first time at the stage of first appeal preferred against the judgment and order passed under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act and prior to that, at no point of time, the petitioners had raised such ground or plea in any of the proceedings.
A Single Bench of Justice Manish Kumar held that “In view of the facts and circumstances of the present case, it is found that the petitioners had filed false affidavits before the courts just to grab the property of a widow lady and mislead the Courts at every stage, even in the present writ petition. The petitioners are not only cheating or deceiving the widow lady that is the wife of Late Ram Gopal but also misleading the Courts and concealed the relevant facts by not enclosing the copy of revision.”
“Petitioners in the revision had not taken this ground that they had not filed any unregistered Will or the unregistered Will which was filed by the petitioners is not the same which was referred in the order of Tehsildar. This shows that the second unregistered Will of the same date by rectifying all the short comings as pointed out by the Tehsildar is nothing but amounts to cheating, playing fraud, misleading the Courts and also amounts to abuse of process of the Court. The unregistered Will which was produced by the petitioners before the Tehsildar was not found to be acceptable by the Tehsildar then there is no question to prove the second unregistered Will prepared by the petitioner afterthought” the Court noted.
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