Awards passed by Lok Adalat can be challenged in writ jurisdiction where fraud is alleged, despite limitations on appeals.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the parties, heard finally.

2. The Petitioner – Defendant takes exception to the legality and validity of the Award dated 17 March 2019 passed by the Lok Adalat, Madha, Solapur, on the basis of the compromise pursis (Exh.8) in RCS No.159 of 2019 instituted by the Respondent – Plaintiff, primarily on the ground that the said compromise pursis and the Award were obtained by playing fraud on the Petitioner and the Lok Adalat.

3. The background facts, in which the challenge to the Award passed by the Lok Adalat arises, can be summerized as under :

3.1 The Petitioner – Defendant is the owner of agricultural land bearing Gat No.780 admeasuring 2 H and 30 Are situated at Madha, District Solapur. The Defendant claimed to have acquired the said land under a registered Sale Deed dated 3 June 1983 for a valuable consideration of Rs.10,000/-. At that time, the Petitioner was a widow. The Respondent is her nephew.

3.2 The Petitioner averred, taking undue advantage of her situation in life, her brothers, nephews and nieces made attempts to usurp the said land. Amar A. Jagdale, the brother of Respondent, and Kiran N. Jagdale, nephew of the Petitioner had obtained a sham and bogus Sale Deed dated 2 January 2008 from the Petitioner without any consideration.

3.3 The Petitioner had instituted a suit being SCS No.119 of 2008 for a declaration that the said Sale Deed was sham and null and void. By a judgment and decree dated 23 September 2011, learned Civil Judge, Sr. Division, Barshi, decreed the said suit and the said registered Sale Deed dated 2 January 2008 was declared null and void and the Defendants therein were restrained by an order of permanent injunction from transferring, selling or otherwise creating any third party interest in the said land.

3.4 Yet, the Petitioner asserts, her brothers and nephews continued to harass her with a view to usurp the said land. As a part of the said design, the Respondent instituted a suit for partition being RCS No.159 of 2019. On 16 February 2019, the Respondent took the Petitioner to the Civil Court at Madha under the pretext that the Petitioner would get monetary consideration in lieu of the cultivation of the land by the Respondent and obtained the signatures of the Petitioner on few documents. It later transpired that the Respondent had obtained the signatures of the Petitioner on the compromise pursis and, on the strength of the said compromise pursis, an Award was passed by the Lok Adalat. The Petitioner had never relinquished her right in the suit land in favour of the Respondent.

3.5 Having realized the fraud, the Petitioner filed a complaint with the Police on 2 December 2021. Thereafter, the Petitioner instituted this Petition to quash and set aside the said Award dated 17 March 2019. Various acts of commission and omission are attributed to the Respondent to substantiate the claim that, the said Award has been obtained by practicing fraud on the Petitioner and the Lok Adalat.

4. The Respondent has resisted the Petition by filing an affidavit in reply. At the outset, the tenability of the Writ Petition was assailed. It was contended that the only remedy for the Petitioner was to institute a substantive suit for a declaration that the Award has been obtained by practicing fraud. On the merits of the matter, the Respondent would contend, there are no specific allegations and particulars of the alleged fraud. It was incumbent upon the Petitioner to specifically plead the circumstances and part