Important Point-Suppression of material facts from court is a very serious matter.

K.S. JHAVERI, J.

1. By way of this appeal, the appellant has challenged the order passed by the learned Single Judge in Special Civil Application No. 19523 of 2007 on 6/8/2007, whereby the learned Single Judge has dismissed the petition with costs of Rs. 2500/on the ground of suppression of material facts.

2. Brief facts of the present appeal are that the petitioner was granted the land bearing Survey No. 39 of village Shamlaji admeasuring 8 acres by order dated 24/1/1992. Prior thereto, the State Government made full inquiry on 10.2.1988 and obtained reports and Collector. On 15.2.1989, the Government passed a Resolution giving benefit of granting land for maintenance for those families which did not have sufficient means to maintain themselves in the nature of maintenance grant. As stated above, on 24.1.1992, the appellant was given grant of the land bearing survey No. 39 of village Shamlaji admeasuring about 8 Acres by order of grant passed by the Collector, Himatnagar. The Collector had given such a grant after fully considering all the aspects of the matter and had specifically provided in the order that the said land is given to the appellant for personal cultivation and only for agricultural purpose. It has been provided that if the appellant does not cultivate the land and if she commits breach of any of the conditions of the grant then grant will be forfeited.

2.1 The said order of grant was challenged by the village people backed by Sarpanch. However, by order dated 15/6/1992 of the Deputy Secretary (Appeals) the challenge to order of grant failed. On 5/3/1992 sanad as been issued in favour of the appellant and possession was also handed over to the appellant.

2.2 The said order was challenged before this Court by way of Special Civil Application No. 4966 of 1992, which has been dismissed by this Court on 27/7/1992. The said matter was not carried further and it became final. In the meanwhile by order dated 25/2/1994 passed by the Deputy Secretary (Appeals) in Revision Application No. 32 of 1993 which was the revision against the order certifying entry in favour of the appellant being Entry No. 186, dismissed the revision application and therefore, the entry was certified.

2.3 Thereafter, Civil Suit was filed by the village people contending that they are in possession of the land in question and in that suit, application Exh. 5 was filed challenging the order of grant in favour of the appellant on the ground that the same has been obtained by suppression and prayer was made in application Exh. 5 not to disturb the possession and not to act in furtherance of the order of grant. The same was disposed of by the learned Civil Judge by holding that the grant is prima facie legal and that the plaintiffs in the said suit i.e. village people have not been able to prove their possession. Against the said order, Civil Misc. Appeal No. 22 of 1994 was filed by the village people, but the same was dismissed by the learned Assistant Judge.

2.4 The appellant also filed Regular Civil Suit No. 154 of 1992 against the village people with a prayer not to disturb her possession of the suit land and not to obstruct her from cultivating the land. In the said suit an order was passed below application Exh. 5 directing the defendants – village people not to disturb the possession of the appellant and the possession of the appellant was believed and the challenge to the order of grant was prima facie not believed.

2.5 The above order of the Trial Court was carried in Misc. Appeal before the learned Assistant Judge, Himmatnagar being Civil Misc. Appeal No. 23 of 1994, but the same was dismissed by the learned Assistant Judge and the order in favour of the appellant was confirmed. It is pertinent to point out that the Government had filed the written statement in Suit No. 47 of 1993 filed by the village people – Ramji Punjaji and others clearly admitting the order of grant and having handed over the possession to the appellant, which shows