Lok Adalat awards cannot lead to tenant eviction; jurisdiction for eviction is with the Rent Control Court.

JUDGMENT

The tenants in this case have approached this Court invoking Article 227 of the Constitution challenging execution proceedings. In a Rent Control matter, parties were referred to Lok Adalat. The Taluk Legal Service Committee constituted the Adalat and passed the following award dated 16.11.2024:-

“Both parties present. Matter is settled between the parties upon a condition that the respondent will pay Rs.3,20,000/- on or before 31/3/2025. If the said amount is not paid, the respondent shall hand over the key of the petitioner on 31.3.2025.”

2. It is specifically stipulated in the above award that the petitioners shall pay Rs.3,20,000/- on or before 31.03.2025. If not, they shall hand over the key. What is the legal effect of the award is the question. No doubt, the petitioners have agreed to pay Rs.3,20,000/- . That award can be executed like any other decree as referable under Section 21 of the Legal Service Authorities Act, 1987. However, on default, the petitioners cannot be evicted based on an award passed by the Lok Adalat. The Lok Adalat has no jurisdiction to pass an order of eviction. The Rent Control Court alone has the jurisdiction to pass an order of eviction. It could have been possible for the Rent Control Court to pass an order of eviction acting upon the award of the Lok Adalat but that was not done in this case.

3. It is to be noted that Section 11 of the Kerala Buildings (Lease and Rent Control) Act (hereinafter referred to as ‘the Rent Control Act’) would override all other law or contract and states that no tenant shall be evicted in execution of a decree or otherwise, except in accordance with the provisions of the Act. In the light of the statutory provisions under the Rent Control Act, the petitioners cannot be evicted based on the Lok Adalat award. However, the petitioners can be proceeded under Section 21 of the Legal Service Authorities Act, 1987 for execution of the award to recover Rs.3,20,000/-.

In the light of the above, we direct the Munsiff Court, Nadapuram to proceed against the petitioners only in execution for recovery of Rs.3,20,000/- and they cannot be evicted for non- payment of arrears. We make it clear that the landlord is free to approach the Rent Control Court for eviction in accordance with law.