Fraud vitiates everything, and a consent decree obtained by fraud or misrepresentation is void ab initio.

ORDER :

1. With the consent, heard finally.

On the joint request of learned counsel for parties, present writ petitions are analogously heard and are being decided by this common order, as similar question is involved in these writ petitions.

The present petition is being filed being aggrieved by an order dated 27-2-2016 passed in Lok Adalat by III Civil Judge, Class-II, District Guna whereby, learned trial Court has passed an order on the basis of compromise between the parties and sale-deed is directed to be executed in pursuance to the earlier agreement to sale dated 30-4-1985. It is alleged by learned counsel for petitioner that the impugned order has been obtained by playing fraud and misrepresentation by respondent Nos. 1 and 2 with the learned trial Court as well as with the petitioner.

2. It is alleged that sale-deed was got executed by respondent No. 2-Keshri Singh in favour of petitioner on 26-12-2012 and on the basis of aforesaid sale-deed, her name is being mutated in the Revenue Records. An affidavit was executed by respondent No. 2/Keshri Singh to the effect that earlier agreement dated 30-4-1985 has been cancelled by mutual consent of the parties and the amount has been paid back and the property is free for sale therefore, the sale-deed was got executed by respondent No. 2/Keshri Singh in favour of the petitioner.

3. It is further alleged that on 30-4-1985, an agreement was executed by respondent No. 2/Keshri Singh in favour of respondent No. 1/Ashok Kumar Shrivastava with respect to the disputed property. Thereafter, a civil suit has been filed by respondent No. 1 for specific performance of agreement to sale which was registered as a Civil Suit No. 35-A/88 which was finally decided vide judgment and decree dated 11-8-1989 and suit was decreed in favour of the plaintiff with a direction that plaintiff is entitled for an amount of Rs. 1500/- from Keshri Singh and in case, failure of deposition of the amount within two months, then respondent No. 1/Ashok Kumar Shrivastava is free to execute the sale-deed with respect to disputed land bearing Survey No. 28 being area 0.156 hectare out of total area 0.470 hectare. In pursuance to the aforesaid judgment and decree passed by the trial Court, the agreement was being executed by respondent No. 2/Keshri Singh in favour of respondent No. 1/Ashok Kumar Shrivastava to the effect that in pursuance to the judgment and decree dated 11-8-1989 they have received entire amount along with interest and compensation from respondent No. 2/Keshri Singh with a specific stipulation that respondent No. 2/ Keshri Singh is free to execute the sale-deed in favaour of any other person. Agreement dated 30-4-1989 was returned back to respondent No. 2/Keshri Singh and respondent No. 1/Ashok Kumar Shrivastava was having no right to raise claim now on the disputed land. The execution proceedings which were filed before the trial Court were dismissed vide order dated 7-8-1998 and thereafter, a subsequent sale-deed was executed by Keshri Singh in favour of petitioner on 26-12-2012. The respondent No. 2 has not disclosed about the previous round of litigation, which was between the parties and on the basis of the sale- deed executed in the year 1985 and fresh civil suit was filed by respondent No. 1/Ashok Kumar Shrivastava wherein respondent No. 2/Keshri Singh was impleaded as defendant No. 1 and the petitioner was not made any party to the aforesaid civil suit. The civil suit was registered as Civil Suit No. 211/2015, during pendency of the civil suit, an application was filed under section 89 and section 151 of Civil Procedure Code for early hearing of the matter and for listing the case in Lok Adalat as the parties have amicably settled the issues. Considering the aforesaid application, matter was sent to the Lok Adalat proceedings. Thereafter, the matter was taken up for recording of statements in terms of compromise. On 20-2-2016, statements were recorded and in pursuance to the compromise entered