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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
Abul Kalam Azad – Appellant
Versus
A.L. Jawaharlal – Respondent
| Table of Content |
|---|
| 1. details of the case and parties involved (Para 2) |
| 2. petitioner's arguments regarding the lok adalat award (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. court's observations on arguments and prior rulings (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
ORDER :
2. I have heard Mr.V.Raghavachani, learned Senior Counsel for Mrs.V.Srimathi, learned counsel for the petitioner and Mr.G.Ilamurugu, learned counsel for the respondent.
4. It is the contention of the learned Senior Counsel, Mr.V.Raghavachari, that after 2001, the plaintiff had abandoned the construction and it was only the revision petitioner who spent substantial monies, out of his own income, to complete the construction. He would further state that the Bank loan has been discharged from and out of the independent income of the revision petitioner and also by sale of valuable jewels belonging to his wife and sale of one of his personal properties, in order to avoid the common properties being brought for sale in public auction. The learned Senior Counsel would therefore state that it is only under such circumstances that the parties agreed for settling the matter before the Lok Adalat. He
The obligation to pay under a Lok Adalat award arises from common property sales, reinforcing the binding nature of mutual agreements on debt repayment.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
Point of Law : Challenge to the award of Lok Adalat can be done only by filing a writ petition under Article 226 and/or Article 227 of the Constitution of India in the High Court and that too on very....
The Lok-Adalat can settle disputes not included in pending suits, and non-registration of an award does not invalidate it.
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