BEEDAM REDDAPPA REDDY Vs. YELLABOYINA VANI

JUDGEMENT

(1.) The petitioner is plaintiff in O. S. No. 78 of 2010 on the file of the Court of III Additional District Judge, Kakinada, East Godavari District. The suit was filed for specific performance of agreement of sale, dated 15.12.2006, executed by the respondents (defendants). The suit was referred to Permanent Lok Adalat Bench at Kakinada. In terms of the compromise between the parties, Lok Adalat passed an award, dated 07.08.2010, where under the respondents agreed to transfer the plaint schedule property to an extent of Acs. 3.03 cents in favour of the plaintiff. Thereafter, the petitioner filed I. A. (SR) No. 6450 of 2010 praying the Court below to send the copy of Lok Adalat award to the Sub-Registrar, Kakinada, for registration. He contended that as the award creates rights in respect of immovable property, it requires registration under Section 17 of the Registration Act, 1908. By order, dated 08.10.2010, the Court of the III Additional District Judge, Kakinada, dismissed the application observing that when the matter was compromised and the award was passed in terms thereof, there is no need to send the same to the Sub Registrar for the purpose of registration.

(2.) In the Civil Revision Petition, the counsel for the petitioner/plaintiff reiterated the same position as was taken in the Court below.

(3.) this Court has given due and anxious consideration. The submission of the petitioner's counsel cannot be countenanced. Section 89 of the Code of Civil Procedure, 1908 (CPC), inserted by CPC (Amendment) Act, 1999, with effect from 01.07.2002, requires the Court to formulate the terms of settlement and subject to observations of the parties thereon refer the same either to arbitration; conciliation; judicial settlement including settlement through Lok Adalat; or mediation. Clause (b) of Sub-section (2) of Section 89 CPC lays down that where a dispute is referred to Lok Adalat, the same shall be in accordance with the provisions of Section 20(1) of the Legal Services Authority Act, 1987 (LSA Act) and all its provisions shall apply in respect of the dispute referred to Lok Adalat.