SMT. LILLY MISHRA Vs. NATIONAL ARBITRAL TRIBUNAL AND

JUDGEMENT

(1.) These four writ petitions have been preferred for assailing a common judgment-cum-award dtd. 21/9/2015 passed by the respondent No.1 National Arbitral Tribunal, Jasol House, Paota B Road, Jodhpur (hereinafter referred to as 'the Tribunal') The petitioners herein are hapless litigants, who claim to have been embroiled in this totally unwarranted controversy and deprived of their proprietary rights owing to the high-handed and illegal action of the respondent No.1 private Arbitration Tribunal. It may be stated herein that in all the writ petitions, serious allegations of malafides, arbitrariness, fraud etc. have been levelled by the petitioners against the Tribunal, which has been impleaded as party respondent and through its Registrar as well. However, nobody has put in appearance on their behalf in these matters despite service of notice.

(2.) Facts in brief are that the respondent No.7 Smt. Kamla owned plots Nos.135, 136, 137 and 138 in the Hari Om Nagar, Jhanwar Road, Jodhpur. Petitioner Mrs. Lilly Mishra purchased the plot No.137 directly from the respondent No.7 Kamla in the year 1994, while the other petitioners purchased the plots Nos.135, 136 and 138 from other individuals, to whom Smt. Kamla had transferred the same through registered sale deeds; agreement to sale; power of attorney between the year 1992-1994. The petitioners claim to be holding the entire channel of documents for establishing their lawful ownership and rights on the plots in question. The sequence by which the plots in question were transferred is elaborated in the table below :- <IMG>JUDGEMENT_74_LAWS(RAJ)12_2018_1.jpg</IMG>

(3.) It is relevant to mention here that Smt. Kamla put in appearance before the Tribunal and filed an application through her advocate Mr. Raju Chaynan supported by her affidavit and prayed to take her reply on record. It was specifically averred by Mrs. Kamla that she had never sold the plots in question to the claimants through any agreement or through a power of attorney etc. At para No.3 of the reply, it was specifically mentioned that she had sold these very plots by registered sale deeds executed long back and possession had also been given to the respective purchasers. It was further alleged in the reply that Chautha Ram had misled Smt. Kamla into putting her thumb impressions upon certain blank papers under the garb of procuring loan for her and taking undue advantage of the blank signed papers, he prepared her forged power of attorney, on the strength whereof, the fraudulent agreements were executed in favour of the respondent- applicants. After this application had been moved by Smt. Kamla, the respondent-claimants filed an application seeking summoning of the registered sale deeds and the scientific comparison of the thumb impressions/signatures of Smt. Kamla on these sale deeds branding them to be forged and fabricated. Strangely enough, soon after the application for permission to file reply had been filed on behalf of Smt. Kamla in the above terms, another application came to be submitted before the Tribunal under thumb impressions alleged to be appended by Smt. Kamla, in which it was averred that the Advocate Mr. Raju Chaynan, who submitted the earlier application/reply on her behalf, was a close acquaintance of one Mr. Bhera Ram, a person confidante of Smt. Kamla, and that as a matter of fact, Mr. Bhera Ram had fraudulently induced her into executing the earlier sale deeds for which she had never received any consideration and that she had been allegedly cheated in those transactions. Alongwith such application, a compromise deed allegedly bearing the thumb impressions of Smt. Kamla was presented to the Tribunal by Advocate Mr. S.K. Mathur on 17/9/2015, wherein Smt. Kamla purportedly agreed to execute the registered sale deeds in favour of the applicant-purchasers. In the said application, it was also prayed that the sale deeds allegedly executed in favour of the erstwhile purchasers should be got examined through the handwriting expert so as to test their veracity.