VIJENDER BENIWAL Vs. PRESINDING JUDGE

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order dated 19.05.2008 passed by the Permanent Lok Adalat on an application filed by the petitioner for settlement at pre-litigation stage.

(2.) THE petitioner claims that he is in actual physical possession of land measuring 36 Kanals 17 Marlas and as per family settlement between the parties, Respondent No. 2 in whose name the revenue entries stand has admitted the claim of the petitioner as owner in possession of the said land by relinquishing his rights, title and interest therein. Subsequently, the said respondent resiled and an application was moved before the Permanent Lok Adalat for settlement.

(3.) A perusal of the petition and the documents attached thereto shows that the petitioner has adopted a dubious way to circumvent the provisions of the Registration Act, 1908 and the India Stamp Act, 1899 claiming ownership over the land without execution of any document on payment of requisite stamp duty.