VIJAYA K Vs. MURALEEDHARAN K.G

JUDGEMENT

(1.) This is an unfortunate appeal resulting from an award passed by the Lok Adalat, Thrissur. The matrimonial disputes between the parties herein were resolved in Lok Adalat. The brief award passed in Lok Adalat as follows: "Dispute resolved by the parties reconciled and decided to live together in the rented house. The respondent agreed to settle half share in property owned by him in the name of the wife petitioner."

(2.) The appellant herein moved the execution court to execute the award. This has been dismissed. That is how the appellant has come up in this appeal. No discernible mind would draft an award of this kind that puts the parties who were litigating before the court at peril. The award appears to have been passed to have a numerical count of disposal before the Adalat. The minimum details of the property agreed to be conveyed ought to have been reflected in the award, so as to make the award executable. The respondent would raise a contention that the agreement to convey half share of the property owned by him is on a condition that the appellant would stay with him in a rented house.

(3.) Therefore, it is contended that the promise and the reciprocal promises are the underlying factors in passing the award. The appellant would contend that the appellant stayed for a while with the respondent and on account of refusal on part of the respondent to execute the deed and illtreatment, she discontinued her stay.