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TMI Blog2017 (11) TMI 1869X X X X Extracts X X X X X X X X Extracts X X X X ..... uishment Deed registered. This Court is of the opinion that the principle of pari delicto is clearly applicable to the present case. In VINOD POPLI VERSUS RAGINI POPLI ORS [ 2015 (4) TMI 1286 - DELHI HIGH COURT] this Court had culled out the principle of pari delicto holding that the phrase means the principle that a plaintiff who has participated in wrongdoing may not recover damages resulting from the wrongdoing and when parties to a legal controversy are in pari delicto neither can obtain any relief from the Court, since both are at equal fault or of equal guilt. This Court is of the view that the present plaint is barred by the principle of in pari delicto. Accordingly, present plaint and applications are rejected as barred b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that even if what the plaintiff claims is found to be true, the only relief which the plaintiff would be entitled would be the relief of recovery of balance amount of ₹ 90 lacs may be with interest and not the relief of cancellation. However, learned counsel for plaintiff states that the plaintiff is not willing to confine her relief to recovery of damages. 5. In fact, on the last date of hearing, when this Court had heard the matter, it had pointed out that the Relinquishment Deed did not mention that it was being executed against any consideration. Consequently, this Court had drawn the attention of the parties to the doctrine of pari delicto, because even if the averments in the plaint were to be believed, then also both ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaintiff's plaint is to be believed, then certainly the plaintiff had not executed a Relinquishment Deed. If the parties including the plaintiff had disclosed the actual transaction as now put forward in the plaint, then the Registrar would not have registered the document as a Relinquishment Deed. 12. Consequently, the plaintiff upon her own averments is guilty of hiding the true nature of transaction between the parties and of defrauding the revenue as stamp duty on transaction of sale is separate and distinct from a Relinquishment Deed. 13. Accordingly, this Court is of the view that the plaintiff on her own averments is a party to a fraud and had not disclosed true, correct and complete facts to the Registrar w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld as under:- In support of the contrary view reliance is usually placed on an early English decision in Doe, Dem. Roberts against Roberts, Widow. In that case it was held that no man can be allowed to allege his own fraud to avoid his own deed; and, therefore, where a deed of conveyance of an estate from one brother to another was executed, to give the latter a colorable qualification to kill game. The document was as against the parties to it valid and so sufficient to support an ejectment for the premises . In dealing with the question raised Bayley, J. observed by the production of the deed, the plaintiff established a prima facie title; and we cannot allow the defendant to be heard in a Court of Justice to say that his own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oving those facts which render the instrument void ab initio for although a party will thus in certain cases be enabled to take advantage of his own wrong, yet this evil is of a trifling nature in comparison with the flagrant evasion of the law that would result from the adoption of an opposite rule . Indeed, according to Taylor, although illegality is not pleaded by the defendant nor sought to be relied upon by him by way of defence, yet the Court itself, upon the illegality appearing upon the evidence, will take notice of it, and will dismiss the action Ex turpi causa non oritur actio. No polluted hand shall touch the pure fountain of Justice . To the same effect is the opinion of Story In general, where parties are concerned in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff . (emphasis supplied) 16. Further, the Apex Court in G. Pankajakshi Amma Ors. vs. Mathai Mathew (Dead) Through LRS. Anr., (2004) 12 SCC 83 has held as under:- 10. There is any reason also why the impugned judgment cannot be upheld. According to the 1st respondent these transactions were to be unaccounted tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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