AMAR NATH Vs. GANGA DEVI

JUDGEMENT

(1.) By way of this petition filed under Art. 227 of the Constitution of India, the prayer is to quash and set aside the Award dated 09.12.2017, passed by the National Lok Adalat in Civil Suit No. 200-1 of 2017. The order impugned reads as under:

(2.) Learned counsel for the petitioner has argued that the impugned Award dated 09.12.2017, passed by the National Lok Adalat is bad in law as the alleged compromise entered into on 24.11.2017 was perverse and illegal. According to him, the unilateral terms of the impugned compromise were not binding upon the petitioner. The suit land was his self acquired property and he could not be called upon to surrender the same in terms of the compromise. As per him, the compromise was a sheer abuse of the relationship between him and his son, which relation was exploited by his son.

(3.) On the other hand, learned counsel for the respondent has argued that the filing of the present petition was nothing but an abuse of the process of law. He has argued that the compromise was entered into between the parties out of their own free will and volition and the same was not a result of any fraud or misrepresentation. According to him, the petition has been filed just to wriggle out of the compromise, which the petitioner entered into with the respondent with open mind. He has further argued that as this was not a case of fraud or deceit, therefore, the petitioner cannot be permitted to assail the Award passed by the National Lok Adalat in the present proceedings.