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2012 Supreme(Raj) 1004

VINEET KOTHARI
Mohd. Ramzan – Appellant
Versus
Jethmal Sharma – Respondent


Advocates Appeared
O.P. Mehta, for Appellant-defendant Mohd Ramzan;
Girish Joshi, for Appellant-defendant LRs. of Mehboob Khan;
R.R. Nagori, Sr. Advocate assisted by Alkesh Agarwal, for Respondent-Plaintiff

Hon'ble Dr. KOTHARI, J.—"Fraud unravels everything" and any property right claimed by the person which is based on a fraud cannot confer even a semblance of such right and the present case is a glaring example of defendants-appellants insisting on such right upto this Court in the present second appeal having lost before the two Courts below who by the detailed judgments granted concurrently the decree of possession in favour of plaintiff Jethmal Sharma, the true owner of the plot of land No. 202, situated at LIGH Scheme, Akhliya Chauraha, Jodhpur.

2. The Hon'ble Supreme Court recently in the case of Maria Margardia Sequeira Fernandes and Ors. vs. Erasmo Jack De Sequeria- (2012) 5 SCC 370 emphasized the need to see "Truth" as the North Star or guiding star, as the foundation of justice in very touching language. The relevant portion is quoted below.:

"Truth as guiding star in judicial process

32. In this unfortunate litigation, the Court's serious endeavour has to be to find out where in fact the truth lies.

33. The truth should be the guiding star in the entire judicial process. Truth alone has to be the foundation of justice. The entire judicial system has been created only to disc

















































































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