M. ELUMALAI Vs. S. RAJARAM

JUDGEMENT

(1.) Resolution of dispute through agreeable and amicable settlement is a innovative and revolutionary democratic method contributed by India to the World Jurisprudence. In Lok Adalat, as it is popularly called, i.e. people's court, the litigants are at the centre stage, mutually negotiating, as to what each of them want. Since the litigants on both sides get what they wanted, it is said there are no victors and vanquished and, thus, no rancour. Experiment of 'Lok Adalat' as an alternate mode of dispute settlement has come to be widely adopted in India, as a viable, economic, efficient and informal one. Such being the case, after settlement, whether one of the parties can be permitted to deprive the benefit of the compromise to the other party, by contenting, that there is no provision for execution and there is no direction to execute the sale deed, is the issue raised.

(2.) The plaintiff/respondent filed a suit for specific performance of the suit agreement dated 27.03.2010 under which defendants are alleged to have agreed to sell the suit property under the terms and conditions stipulated therein.

(3.) By the Joint Memo of compromise filed by the parties to the suit, Lok Adalat has passed a decree. The Joint Memo filed by the parties reads as under: