JAGDISH PRASAD Vs. SANGAMLAL

JUDGEMENT

(1.) In this writ petition filed under Article 227 of the Constitution of India the petitioner has assailed the validity of the award dated 28.9.2003 passed in Civil Appeal No.22-A/2001 by Lok Adalat as well as order dated 31.7.2005 by which application for review filed by the petitioner has been rejected.

(2.) The petitioner had filed a civil suit, namely. Civil Suit No.245-A/l 998 against respondent Nos. 1 to 3 and their father, namely, Ramkumar seeking relief of declaration, injunction and possession. The suit filed by the petitioner was decreed vide judgment and decree dated 23.7.2001 by the trial Court. Being aggrieved by the aforesaid decree, the respondents No.1 to 3 and aforesaid Ramkumar preferred an appeal which was registered as Civil Appeal No.22-A/2009. An application for compromise was filed before the appellate Court by the parties. On the basis of compromise arrived at between the parties, an award was passed by Lok Adalat on 28.9.2003. The petitioner later learnt that land allotted to petitioner under award belongs to other persons who are not parties to the proceedings and the lands allotted to the petitioner under the award have already been sold by respondents vide registered sale-deeds. The petitioner thereupon filed an application for review which was rejected by the Lok Adalat on 31.7.2005 on the ground that it has no power to review its order. In the aforesaid backdrop, the petitioner has approached this Court.

(3.) Learned counsel for the petitioner submitted that the Lok Adalat ought to have made an inquiry before passing an award. It was further submitted that neither any inquiry was made nor any statement of witnesses were recorded with regard to genuineness of the compromise arrived at between the parties. The Lok Adalat ought to have satisfied itself that compromise is fair and legal. In support of his submissions learned counsel for petitioner has relief on decisions reported in 2009 (1) MPLJ 495, 2005 SAR 723 and order dated 15.12.2009 passed in Writ Petition 13577/2005.