SURENDRA SINGH JUNEJA Vs. JAGDEESH GUPTA

JUDGEMENT

(1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution, the petitioner/tenant has challenged the order dated 30.09.2011, whereby his application under sections 31 and 32 of Stamp Act is rejected by the court below. Facts briefly stated are as under:- The parties admittedly entered into a "Rajinama" before the permanent Lok Adalat in Case No. 69-A/2005 on 05.03.2006. Accordingly, Rajinama award and decree was passed by the said Lok Adalat.

(2.) THE Rajinama award was produced by the plaintiff in the suit before the court below. The said Rajinama was exhibited by the court below. However, later on the tenant/petitioner preferred application (Annexure P-6) under sections 31 and 32 of the Stamp Act on the ground that while passing Rajinama award, the Lok Adalat made it clear that every party shall be entitled to get the properties registered as owner in revenue records on payment of registration fees.

(3.) SHRI Yogesh Singhal, learned counsel for the petitioner, cited ILR (2011) MP 1680 [Mamta Awasthy (smt.) & Ors. Vs. Ajay Kumar Shrivastava] and (2009) 2 SCC 532 [Avinash Kumar Chauhan Vs. Vijay Krishna Mishra] in this regard.