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dasarts (consultant)     19 January 2015

Wanted case law

bequeathed all her landed property in favor of her niece  B    in the year 1962 by way of a registered deed of settlement.

B   suppressed this material fact in 1975 and didn't file any declaration under A.P. land regulation act (COAH)1975.
An independent declaration was filed by A   before the designated land ceiling authority and an award was also passed by the primary land ceiling tribunal in the year 1978.

No appeal was filed by government.  A   died in the year 1978 after obtaining the award.

It's a clear case of suppression and misrepresentation of facts by both A & B  and fraud on government as the award was obtained in violation of Section 44 of Indian evidence act.All the properties of A should have been surrendered to the government as land ceiling surplus as B and her husband along with her 2 minor sons have filed another declaration and were awarded one full unit.


Kindly let me know the supreme court of India decisions in similar cases where in it was held that  the award obtained by fraud is null and void ab initio and the entire unit was ordered to be taken over by government as it was land ceiling surplus.



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