Lok adalat award
RAMAKRISHNA
(Querist) 06 December 2012
This query is : Resolved
Dear Sir/Madam
1) We have filed a Suit for partition long back and I am the plaintiff.
2) We have won the suit both in the Principal senior court and in the District court by confirming the shares for me and my brother in suit schedule property and importantly categorically mentioned that certain (total-4)sale and gift deeds have been void and have no legal stand.
3) Soon after this, the matter has been settled in Lok-Adalat with mutual understanding about shares in the property.
4) Court has been issued the AWARD for all the parties by confirming the shares to each individual with terms and conditions.
5) apart from the general terms and conditions, share, boundaries per each individual share holder, the award is having the important term and condition as ---> "The defendents have agreed and undertaken to clear off all the dues over the item No.1 of the scheduled mentioned property which fell to the share of Plaintiff like Municipal taxes, Electricity Bills and CLEAR ALL ENCUMBRANCES on the schedule property.
6) Now we have a filed a petition in the senior principal court (where the matter has been settled down in lok-adalat) and asking to direct the registrar to cancel and to mark those previous sale and gift deeds to avoid future complications.
7) But for this Defendents not agreeing to give no objection and they are saying still the old sale and gift deeds (which the court has been declared that those are void ) are valid not required to cancel.
8) My sincere request to all of you - please provide me advise -
As once we have the above important term-5 above in the AWARD the court can direct the register to cancel and make a note in the registration office as these are not valid ones.
Please advise me your advises or any judgements related to this topic to refer.
Many thanks for all your support
Krishna.
Devajyoti Barman
(Expert) 06 December 2012
Once the award is passed in Lok Adalat the same attains the status of decree and hence liable for execution like any other decree of court.
You need not ask anybody. If the award is not honoured then file execution case for implementing it.
RAMAKRISHNA
(Querist) 06 December 2012
Dear Sir,
Thanks for your quick reply.
Both the parties are abide by this award. But to avoid any future things, the final action that we thought of to get the cancellation of the prvious deeds which was happened in the past before this award. For that Defendents are not agreeing to do so.
If my award is having the term & condition as - "The defendents have agreed and undertaken to clear off all the dues over the item No.1 of the scheduled mentioned property which fell to the share of Plaintiff like Municipal taxes, Electricity Bills and CLEAR ALL ENCUMBRANCES on the schedule property.
Can we fight for get the petition allow to direct the registrar to carry out the changes in the registration record.
Could you please advise in details
Once again many thanks for the support
krishna
ajay sethi
(Expert) 06 December 2012
as per award you have been given certian shares in the property . based on the award make application for change in mutation entries . award is binding on all parties .
Raj Kumar Makkad
(Expert) 06 December 2012
You can even file an execution petition seeking implementation of the award as the same has already been made a decree which is executable.
