ITTINA PROPERTIES PRIVATE LIMITED Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Fraus omnia corrumpit : Fraud corrupts / vitiates everything. It means, 'no statutory protection, limitation period, or constitutional provision can shield an act if it was executed via fraud. It nullifies agreements, judgments and statutory rights retroactively.

(2.) The factual matrix of the case is that: Petitioner No.1 is a private limited company and purchased land measuring Acs. 15-00 gts. in Survey Nos. 41/12 (Acs. 05-00 Gts), 41/13 (Acs. 05-00 Gts) and 41/14 (Acs. 05-00) situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District (hereinafter referred to as 'subject land' from its vendors under registered Sale Deeds bearing Document Nos. 4908/2006, 4909/2006 and 4910/2006, all dtd. 16/2/2006.

(3.) Respondent No.1 filed counter stating that as per Kasara pahani for the year 1954-55 of Khanamet Village, lands in Survey No 55 (old) is admeasuring Acs.286 -00 gts. and it is classified as "porambok sarkari" and belongs to government; thereafter, revision survey was conducted in 1957-58 and new survey Numbers together with extents were recorded. As per Wasool Baqui, old Survey No.55 is now corresponding to new Survey No.41 with the extent of land recorded as Acs.252.24 gts. in Khanamet Village, Serlingampally Mandal; the said lands are classified as "porambok" and the same is also recorded in the "sethwar".