TaxTMI 
TaxTMI 
2013 (7) TMI 1211
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....intiff no. 1 paid a sum of Rs. 4 lacs thereunder as earnest money/bayana to the defendant no. 1; however inspite of the plaintiff no. 1 being ready and willing, the defendant no. 1 did not fulfill his obligations under the earnest money receipt/bayana; (c). that the defendant no. 1 also took huge amount of approximately Rs. 12 lacs from the plaintiff no. 1 under another two Agreements-cum-Bayana Rasid for two other plots but failed to convey the same also to the plaintiff no. 1; (d). that subsequently the plaintiff no. 1 realized that the defendant no. 1 had cheated and defrauded the plaintiffs on the pretext of selling the aforesaid properties to the plaintiffs when he had no right to sell the same; (e). that the defendant no. 1 however threatened the plaintiff no. 1 of dire consequences if plaintiff no. 1 raised any alarm; (f). that the plaintiff no. 1 sent two legal notices dated 18th March, 2008 to the defendant no. 1 in this regard but which the defendant no. 1 failed to receive; (g). that thereafter on 29th April, 2008 the defendant no. 1 represented to the plaintiff no. 1 that he will get the plaintiff no. 1 compensated for the lo....
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....fulfill his obligations and for cheating. The plaintiff has thus sued, (i) for cancellation of the documents admittedly executed by the plaintiff no. 1 in favour of the defendant no. 2 Shri Ashok Grover with respect to Shop No. A-2/137, Ground Floor, Sector-3, Rohini, Delhi and registered with the Office of the Sub Registrar, VI-A, Pitampura, Delhi as document no. 2877, in additional book No. I, Volume No. 2833 at pages 1-7 on 09/04/09; (ii) for recovery of Rs. 25 lacs from the defendant no. 1; and, (iii) for permanent injunction restraining the defendants from transferring, selling, alienating or disposing of respective properties. Summons of the suit were issued though interim relief sought not granted. The defendant no. 1 and the defendant no. 2 have filed their written statements. The defendant no. 3 has filed IA No. 8014/2012 under Order 7 Rule 11 of the CPC pleading that no cause of action against the defendant no. 3 is disclosed in the plaint and no relief also against the defendant no. 3 is claimed in the suit and bald allegations against defendant no. 3 have been made to create a false defense in a complaint filed by the defendant no. 3 against the plaintiff no. 2 in....
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....iff no. 1 had handed over the cheque qua which the defendant no. 3 has issued legal notice dated 7th May, 2009 supra to the plaintiff no. 2, to the defendant no. 1 by way of security for betting in cricket to which the defendant no. 1 had lured the plaintiff no. 1 into. The plaintiffs however in the plaint have not claimed any relief with respect to the said cheque. The reliefs claimed as aforesaid are only of cancellation of documents, recovery of Rs. 25 lacs from the defendant no. 1 and of permanent injunction restraining the defendants from dealing with the properties. Though the plaintiffs have filed a reply to the said application of the defendant no. 3 but therein also have only pleaded that there exist averments in the plaint which disclose cause of action but have not been able to plead as to what is the relief claimed against the defendant no. 3. 8. Mere making of averments against or with respect to a defendant without claiming any relief against that defendant is not sufficient for allowing the plaintiff to proceed with the suit against such defendant as the Court is not to allow its time to be wasted in an empty exercise. The plaintiffs inspite of the application hav....
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....ion which is steeped in illegalities. Betting in cricket or for that matter in any sport is illegal and no claim before the Courts of law for losses suffered or made to suffer in the same, lies. 11. The principle of public policy is, ex dolo malo non-oritur action i.e. no court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the litigant's own stating or otherwise, the cause of action appears to arise ex turpi causa or in transgression of a positive law of the country, the Court will refuse to render its assistance to such a litigant. The Supreme Court in Nair Service Society Ltd. Vs. Rev. Father K.C. Alexander AIR 1968 SC 1165 held that in a case in which a litigant must rely upon his own illegality, the Court may refuse him assistance. Similarly in Smt. Surasaibalini Debi Vs. Phanindra Mohan Majumdar AIR 1965 SC 1364 also it was held that if the litigant seeks the assistance of the Court to effectuate an illegal transaction, the Court will refuse to assist him. In Sita Ram Vs. Radha Bai AIR 1968 SC 534 it was held that the principle that the Courts will refuse to enforce an illegal agreement at the instance of a person ....
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....eement by directing an inquiry into that amount or the destination of the concealed profits in order to enforce the recovery of the share therein of one party from another. Reference may also be made to the Full Bench decision in Ghulam Ahmed v. Mohd. Iqbal AIR 1970 J&K 165 where a partnership which entailed transfer of truck and its route permit to the partnership business, in contravention of the provisions of the Motor Vehicle Act was held to be void in entirety. 12. Thus the claim for recovery of Rs. 25 lacs against the defendant no. 1 has no basis in law. 13. That brings me to the other relief sought by the plaintiffs, of the cancellation of the Sale Deed. The Sale Deed is admittedly a registered document. The plaintiffs admit their signatures thereon. The said Sale Deed records the same to be for a consideration of Rs. 1,75,700/- paid and received in cash. I have enquired from the counsel for the plaintiffs that if suits of the present nature challenging registered documents were to be entertained and title to immovable properties transacted thereunder put under a cloud, there would no sanctity left of such transaction and no transaction would be free from challenge; pe....