A has been allotted flat by the society in 1981. B (A's wife) sworn an affidavit in year 1983 that she or her spouse has not been allotted any flat in Noida. The society allotted flat to her as per rules.

As per rules, no society member can be allotted more than one flat. B filed suit for deceleration against society and trial court allowed the decree in favor of B and High Court confirmed the same. The Supreme Court set aside the same holding that there is breach of terms because B has sworn the false affidavit by concealing the fact of her husband allotment of flat in Noida.

1. In M. Veerabhadra Rao Vs. Tek Chand 1984(Supp) SCC 571 , this Court was considering an affidavit attested by an Advocate in terms of Section 3(2) of the Oaths Act, 1969: The expression 'affidavit' has been commonly understood to mean a sworn statement in writing made especially under oath or on affirmation before an authorized Magistrate or officer. Affidavit has been defined in sub-clause (3) of Section 3 of the General Clauses Act, 1897 to include 'affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing.'
    
2. The essential ingredients of an affidavit are that the statements or declarations are made by the deponent relevant to the subject matter and in order to add sanctity to it, he swears or affirms the truth of the statements made in the presence of a person who in law is authorized either to administer oath or to accept the affirmation.
    
3. Therefore, cancellation of allotment of plot obtained after filing false affidavit is a legitimate ground of cancellation of lease. Fraud vitiates all actions as laid down by this Court.
    
4. Therefore, affidavits filed were not mere sheet of paper but a solemn statement made before a person authorized to administer oath or to accept affirmation. The plaintiff had breached such solemn statement made on oath.

Written By: Shubham Budhiraja (Advocate, Delhi High Court)
Email: [email protected], Ph no: 9654055315