HAMZA HAJI versus STATE OF KERALA AND ANR.

HAMZA HAJI versus STATE OF KERALA AND ANR.

The appellant had knowingly and deliberately misled the Forest Tribunal by suppressing the fact that he had disposed of almost all his property prior to his application, falsely claiming title and intent to cultivate the land. The original order in his favour was thus obtained by fraud. Courts, under Article 215 of the Constitution and Section 44 of the Evidence Act, are empowered to set aside such orders. The High Court properly exercised this power, and the Supreme Court will not aid a party seeking to benefit from a judgment procured by fraud.

Parties
Appellant: Hamza Haji; Respondents: State of Kerala and Anr.
Jurisdiction
India
Judgment Date
18 August 2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 10.7.2003 (r.p. No. 17 of 1991 and O.p. No. 20946 of 1997 (r))
Outcome
Appeal dismissed with costs; High Court judgment upheld.
Legal Topics
Vesting of Private Forests, Judgment Obtained by Fraud, Judicial Powers to Set Aside Fraudulent Orders, Exemptions Under Forest Statutes, Mandamus Under Article 226, Review and Appeal Procedures
Property Law Forestry Law Civil Procedure Constitutional Law Evidence Law Vesting of Private Forests Judgment Obtained by Fraud Judicial Powers to Set Aside Fraudulent Orders +3 more

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Parties

Hamza Haji

Appellant

State of Kerala and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 10.7.2003 (r.p. No. 17 of 1991 and O.p. No. 20946 of 1997 (r))

Legal Issues

  1. 1 Whether the appellant was entitled to exemption from vesting of private forest land under the Kerala Private Forests (Vesting and Assignment) Act, 1971, Sections 3 and 8
  2. 2 Whether the order procured by the appellant before the Forest Tribunal was vitiated by fraud
  3. 3 Whether the High Court had the power to set aside orders obtained by fraud under Article 215 of the Constitution of India

Ratio Decidendi

The appellant had knowingly and deliberately misled the Forest Tribunal by suppressing the fact that he had disposed of almost all his property prior to his application, falsely claiming title and intent to cultivate the land. The original order in his favour was thus obtained by fraud. Courts, under Article 215 of the Constitution and Section 44 of the Evidence Act, are empowered to set aside such orders. The High Court properly exercised this power, and the Supreme Court will not aid a party seeking to benefit from a judgment procured by fraud.

Court Disposition

Appeal dismissed with costs; High Court judgment upheld.

Orders

  • Decision of the High Court setting aside the judgment procured by fraud is confirmed.
  • The appellant is not entitled to restoration of the property.