legal position that any
judgment and order obtained by fraud would be nullity as fraud vitiates
even the most solemn act; that ... judicata or constructive res judicata even after
the decision of the Supreme Court dated 07.02.2014 wherein the issue of
fraud remained untouched.
17. Before
same.
4. It is also the stand of the defendant that the constructive possession of the
property is still with the father of the parties ... defendant. It is submitted that the conveyance
deed is a fraud played by the plaintiff upon his old and uneducated father,
whereby
sell, mortgage,
lien, let-out or make additions/alterations/ re-construct with all construction
for construction of further floors in the same as their ... proof of any fact which would invalidate
any document such as fraud, intimidation, illegality, want of due execution,
want of capacity in any contracting party
that insofar as the property‟s character was
changed because of unauthorised constructions, as averred in the suit and as
the suit was decreed ... constructions in the neighbourhood,
which development was not contested by the present petitioner, therefore, it
cannot be said that the decree was obtained by fraud
15th August, 2007 with a clear
understanding that the possession of the constructed
first floor shall be handed over to the plaintiff and sale
deed ... said property, within prescribed time. The
defendant is legally liable for misrepresentation, fraud
and cheating with the plaintiff.
5. That despite of repeated requests
constructed the ground floor and the first floor on
the land. No doubt there was an additional challenge to the gift deed by
pleading fraud
8089/2013 Page 16 of 17
Voluntary Organisation to play a fraud upon the petitioner leading to loss of
Rs.1.7 Lakhs. The Evaluation ... that there was no address of the
Crematorium claimed to have been constructed by the Voluntary
Organisation at Bishanpur-Pharpur. In these circumstances, it certainly
earlier
proceedings, appellants are now barred by the principle of constructive res
judicata from raising the same, and which aspect has been adverted ... proceedings are void on
account of the judgment having been obtained by fraud, I note that the courts
below have rightly rejected this argument
refused by the Tribunal since it had concluded, prima facie, that the
constructions have, admittedly, been raised beyond the sanctioned plan.
Thereafter ... that, "The question of obtaining of NOC, as
well as, alleged fraud and misrepresentation while obtaining the sanctioned
plan is required to be looked
total saleable space in the
residential building (which had to be constructed) was allocated to the
Builder by the plaintiff; they could sell ... Purchasers") on 04.04.1989 in respect of the
flats constructed in the 54% share falling to the Builder. Alleging breaches
by the defendant Builder
