Kulwant Singh & Anr vs Suresh Chander Goyal & Ors on 12 April, 2010
In view of the findings given above, the appeal is allowed and
judgment and decree passed by ld. Trial court is set aside accordingly qua the
reliefs granted against the defendants. The suit filed is ordered to be dismissed.
It is held above that plaintiffs had filed suit with false averments by concealing
real and correct facts and dragged the litigation for about 20 years and their
real intention was infact to grab the open space lying unused not belonging to
any person and due to this ulterior motive they instituted the suit without
verifying actual and real facts. This was nothing but a false, frivolous and
vexatious litigation instituted by the plaintiffs. From the deposition of PW-1 it
has also come on record that plaintiffs filed the suit unnecessarily which
caused lot of harassment to the defendants and might have wasted their lot of
hardened money during this period of 20 years. PW-1 deposed various facts
which were contrary to the plaint and case of the plaintiffs. Number of facts
deposed by PW-1 on behalf of plaintiff no. 2 company were either hearsay or
unverified and he had no personal knowledge about the same. The minutes
book produced by plaintiffs was found fabricated and manipulated. According
to Delhi High Court in Prithipal Singh vs. Board of Control of Cricket 1992
RLR 404 the plaintiff can be held liable for perjury due to concealment and
suppression of material facts. For these wrongful acts and conduct, plaintiffs
can be prosecuted for criminal offences but keeping in view that plaintiff no. 2
is a company and it is not known whether it still exists or not as well as the
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fact that plaintiffs no. 1 and 3 have not come forward to establish their own
individual rights, I instead of taking criminal action order all the three plaintiffs
(respondents no. 1 to 3 in the present appeal) to pay jointly and severally heavy
compensatory costs of Rs. 1,00,000/- (Rs. one lakh) to the defendants no. 1
and 2 (Appellants no. 1 and 2 in the present appeal). Trial Court record with
copy of this judgment be sent for information. Decree sheet be prepared and
appeal file be consigned to record room.