BIBI SAYEEDA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) Order dated 4.8.2005 and the Award dated 10.8.2005 passed by the Permanent Lok Adalat, Darbhanga in P.L.A. Case No. 71/2005, contained in Annexures-3 and 4 respectively, are under challenge in this writ application the petitioners have alleged that - the compromise is fraudulent and the Award is collusive one and, thus, is fit to be set aside.

(2.) Shorn of unnecessary details, the facts necessary for consideration of this case stands enumerated as under:--

(3.) The respondent No. 3 filed a petition disclosing it to be a title suit impleading his father Syed Mahmood Hussain as sole defendant. A copy of the application/plaint stands appended as Annexure-1. The property in dispute stands described in Schedule-I of Annexure-1. The case of the private respondent was that he was looking after the person and property of the defendant, i.e., his father and being pleased by which the defendant, on 31.1.1998 in presence of the relations and well-wishers, orally gifted the land described in Schedule-I to him and delivered possession thereof. Subsequently, on 21.7.2005 he had also executed a memorandum of such gift in favour of the plaintiff/applicant. The respondent No. 3 claims that by virtue of the aforesaid gift he had acquired perfect title and possession of the property. However, he has alleged in the plaint that the defendant subsequently started interfering into the title and possession of the plaintiff-petitioners and threatened to again transfer the property already gifted to him. Thus, a cloud was cast upon the claim of the plaintiff and as such he was compelled to resort to such proceeding by filing a suit/application. He sought following reliefs in the aforesaid case:--