Lok adalat power deciding bonafide of title if both parties agreed
siri
(Querist) 12 October 2011
This query is : Resolved
sir,if purchaser demanded to give token advance amount back because vendor did not have valid Title as per agreement and same is refused by vendor stating that he has valid marketable title and both are agreed to settle advance token amount after conclusion of bonafide title of that property in out side the court but in strong juridiction which is very fast and less expensive and take less time for delivery of judgment i.e in Lok adalat.In this case PLZ clarify
1)whether Lok adalat has juridiction power to make proceedings on said property and make conclusions on bonafied Title of property whether it is marketable or not on basis of evidence as if both parties agreed the same for proceedings and make written statement that they obey conclusions of Lok adalat about bonafied of title and also stated that with that conclusion ,we both are ready to settle token advance amount on conditions stating full amount return to purcaser if conclusion of Lokadalat is vendor has no marketable title and no refund of money to purchaser if conclusion is vendor has valid marketable title
ajay sethi
(Expert) 12 October 2011
you will first have to file suit for refund of earnest money . pay court fees . then case will be referred to lok adalat if both parties agree .
siri
(Querist) 12 October 2011
sir,i heard that Lokadalat can settle pre litigant cases also if both are agreed and make application to settle infront of lok adalat instead of going court and wasting time & money.But i did not get exact answer of my question.
i.ePLZ clarify whether Lok adalat has juridiction power like civil court under the Code of Civil Procedure, 1908 while trying to make proceedings on said property and make conclusions on bonafied Title of property whether it is marketable or not as if both parties agreed the same for proceedings and make written statement that they obey conclusions of Lok adalat about bonafied of title and also agreed that with that conclusion ,we both are ready to settle token advance amount on conditions stating full amount return to purchaser if conclusion of Lokadalat is vendor has no marketable title and no refund of money to purchaser if conclusion is vendor has valid marketable title
prabhakar singh
(Expert) 12 October 2011
YOU HEARD SOME THING WRONG.
FIRST CASES ARE FILLED AS ANY CASE IS FILLED THEN BOTH PARTIES MOVE JOINT APPLICATION THAT THEY ARE DESIROUS TO SUBMIT TO JURISDICTION OF LOK ADALAT FOR SETTLEMENT OF DISPUTE ONLY THEN COURT REMITS FILE TO LOKADALAT WHERE PARTIES FILE COMPROMISE AND LOAK ADALAT PUTS ITS SEAL FOR EVER FROM WHICH NO PARTY CAN GO
BACK.
siri
(Querist) 12 October 2011
ok sir,
But u did not given clarity of my question
i.e plz clarify whether Lok adalat has juridiction power like civil court under the Code of Civil Procedure, 1908 while trying to make proceedings on said property and make conclusions on bonafied Title of property whether it is marketable or not as if both parties agreed the same for proceedings and make written statement that they obey conclusions of Lok adalat about bonafied of title and also agreed that with that conclusion ,we both are ready to settle token advance amount b/w us i.e full amount return to purchaser if conclusion of Lokadalat is vendor has no marketable title and no refund of money to purchaser if conclusion is vendor has valid marketable title.In this case whether Lokadalat can give conclusions on bonafide of title is marketable or not
prabhakar singh
(Expert) 12 October 2011
Jurisdiction of Lok Adalat
(Sub Sec 5 of Sec 19 of the Act)
A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise
or settlement between the parties to a dispute in respect of:
(i) any case pending before; or
(ii) any matter which is falling within the jurisdiction of, and is not brought before,
any court for which the Lok Adalat is organised.
The Lok Adalat can compromise and settle even criminal cases, which
are compoundable under the relevant laws.
siri
(Querist) 12 October 2011
thank u sir for reply.now i understood but not full.
just tell me whether Lok adalat can give final conclusion on whether bonafied of vendor title is marketable or not as both parties agreed for proceedings on said property by submitting evidence infront of lokadalat.
I alredy mentioned above what is the problem & how we express our terms of comprimise for settlement of token advance amount b/w us in written form
rajeev sharma
(Expert) 12 October 2011
Mr Siri
dispute in Lokadalat are settled by way of compromise without going into merits of the case.
So far as i could understand you want to enter into an agreement with the vendor if he does not possess a good marketable title of the property in question then he will return the advance token money given by you to the vendor. There is no dispute at present but you apprehend one in future. I do not think that LOKADALAT may help you at this moment. LOKADALAT is not a registrar of agreements.
siri
(Querist) 13 October 2011
Sir, U did not understand my question. Here I Am SAYING that if both parties agreed to settle the advance token money b/w them in compromize manner, only after the conclusions made on bonafied title of said property by Lok adalat and also both parties agreed to obey the conclusions made by lok adalat on bonafied title with available evidence, IF this is situation then LOK ADALAT can conclude whether VENDOR TITLEis MARKETABLE or NOT with available evidence inorder to settle token amount b/w them since both parties submitted compromize conditions and also said they obey conclusions of Lok adalat
siri
(Querist) 13 October 2011
sir,plz reply for my last question
Guest
(Expert) 21 November 2011
In fact there are two different points in your supplementary question, i.e., (1) compromise on return of token money, and (2) marketable vendor title.
That all depends upon what is the originally referred subject matter under consideration of the lok adalat for decision. If that pertains merely on return of token money, you should not expect the lok adalat to decide on the matter not already taken up. Similarly, if the matter is referred only for decision on marketable title, you should not expect decision on token money. However, that depends solely on the discretion of the lok adalat to entertain supplementary request in addition to the matter already referred.
