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2015 Supreme(AP) 750
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
S.V. BHATT, J.
Alla Venkata Krishna Reddy – Appellant
Versus
Noone Krishna Veni – Respondents
Civil Revision Petition No. 4886 of 2015
Decided On : 11-12-2015
For the Petitioner:M.S. Prasad, Advocate. For the Respondent:Kowturu Pavan Kumar, Advocate.
Important Point – Award does not become unexecutable on mere failure of petitioner to conform to agreed conditions
Headnote:Legal Services Authority Act, 1987 – Section 22E – Execution of award passed by Lok Adalats – Awards referred to under Chapter VI A of the Act are different and distinct from Awards passed by Lok Adalat under Section 21 of the Act – Contention of petitioner that for execution, award should be transmitted under Section 22-E of the Act fails and accordingly rejected – Award is as a result of terms and conditions agreed between petitioner and respondent and one or other condition agreed by petitioner is to vacate schedule premises unconditionally by 30.06.2012 – If petitioner fails to conform to agreed conditions, it does not lie in mouth of petitioner to contend that Award is not executable and on that E.P. is liable to be dismissed.
Result – Civil Revision Petition dismissed.
Heard Sri M.S.Prasad, learned Senior Counsel for the petitioner and Sri Kowturu Pavan Kumar, learned counsel for respondent.
The revision is directed against the order dated 30.10.2015 in E.P.No.41 of 2012 in P.L.A.No.349 of 2011 in P.L.C.No.198 of 2011 in the Court of the I-Additional District Judge, Nellore.
The circumstances for disposal of the revision are as follows:
The revision petitioner is admittedly the tenant of respondent herein of EP schedule. The subject matter of execution petition is as follows:
“Sri Potti Sreeramulu Nellore District Registration –
Nellore
Sub-Registration, Nellore Municipal Corporation, Nellore City, Achari Veedhi, Municipal Ward No.17, Old Door No.294, New Door No.17/2/147- an extent of 38 ankanams of RCC & MTC building in Ground Floor therein and an extent of 38 ankanams of RCC & MTC building in First Floor therein and an extent of 17 ankanams in 3 portions in backyard out of 93 ankanams”.
The petitioner in the EP schedule property is running a bar and restaurant in the name and style “Saritha Restaurant and Bar”. The revision petitioner obtained licence in Form 2-B under the provisions of the A.P. Excise Act, 1968 from Excise Superintendent and the A.P. Excise (Grant of Licence of Selling by Bar and Conditions of Licence) Rules, 2005. The petitioner had valid lease of EP schedule till 30.06.2010 in his favour, which is a condition precedent for renewal of licence under the Rules. The petitioner and respondent had disputes in vacating the EP schedule.
The parties to the revision to resolve these disputes preferred the mechanism under the Legal Services Authority Act, 1987 (for short ‘1987 Act’) and invoked pre-litigation jurisdiction of Lok Adalat Bench, Nellore. The parties filed a petition for passing an Award to the effect that the revision petitioner shall vacate the building unconditionally and handover possession of the above building to respondent without any sort of objection or claim of any goodwill by 01.07.2011. On the basis of such lease agreement dated 30.07.2010, the parties requested Lok Adalat to pass an award in terms of memo of compromise between the petitioner and respondent which are enclosed to the petition. During the course of enquiry, the matter is referred to Lok Adalat and the dispute between parties is settled at the intervention of Lok Adalat. Both parties and their counsel filed compromise memo which has been accepted, recorded and resulted in passing Award No.300 of 2010 dated 30.06.2010.
It is matter of record that with a view to giving one more year of legality to the possession of revision petitioner herein, the parties preferred PLC.No.198 of 2011 which substantially resembles the petition, terms, conditions of Award dated 30.06.2010, except for the minor change of 30.06.2012 for 30.06.2011. The prayer in the petition reads as follows:
“This is a petition filed by the petitioner an award may be passed to the effect that the petitioner shall vacate the building unconditionally by 30.6.2012 and hand over possession of the above building to the respondent without any sort of objection or claim of any good will by 1.7.2012 after securing fresh lease agreement from the respondent till 30.6.2012 and securing Bar licence till 30.6.2012 on basis of such lease agreement dated 30.6.2011.
The award may kindly be passed according to mutually agreed terms of memo of compromise between the petitioner and respondent which are enclosed herewith, as per the reason stated in the petition.”
On 30.06.2011, the Lok Adalat passed the following Award:
“Both parties present along with their respective counsel. Heard both parties. I have perused entire record and previous award. Both parties are appraised about the terms of compromise, which is filed before Lokadalat today. They have voluntarily agreed for the terms and conditions. Hence, the terms and conditions mentioned in the memo is recorded. Accordingly an award is passed today in their cases.”
The respondent by filing E.P.No.41
