MAYA SUGATHAN Vs. DISTRICT LEGAL SERVICE AUTHORITY

JUDGEMENT

(1.) The petitioner challenges the award dtd. 7/2/2014 passed by the Lok Adalat organized by the District Legal Services Authority, Thiruvananthapuram, in this original petition filed under Article 227 of the Constitution of India.

(2.) The petitioner is a tenant of the building owned by respondent No.2. In 2013, respondent No.2, the Landlady, approached the District Legal Services Authority (for short 'DLSA'), Thiruvananthapuram, by filing a pre-litigation complaint as PL.No.3928/2013. On receipt of notice in the matter, the petitioner appeared before the DLSA. The matter was referred to the Lok Adalat constituted under Sec. 19 of the Legal Services Authorities Act, 1987. The Lok Adalat on 7/2/2014 passed Ext.P1 award based on a compromise entered into between the parties on 31/1/2014 whereby the petitioner agreed to vacate the building on 30/4/2016 and also agreed to pay a sum of Rs.6,000.00 per month as rent till then. However, the petitioner did not vacate the building as agreed and thereby failed to comply with the terms of the award. The petitionerthen filed O.S.No.839 of 2016 before the Munsiff's Court, Thiruvananthapuram, seeking a decree of permanent prohibitory injunction against respondent No.2 and others. Respondent No.2 filed E.P.No.291/2016 before the Munsiff's Court, Thiruvananthapuram, to execute Ext.P1 award.

(3.) The petitioner challenges Ext.P1 award on the following grounds:-