Case Note & Summary
The petitioners, Vajravathi and Roopa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the award dated 13.04.2011 passed by the Lok Adalat in O.S.No.28/2010 and the final decree dated 23.04.2011. The suit was for partition and separate possession of joint family property. The material on record disclosed that one Manikchand Bhadale and his son Nagaraj Bhadale constituted a Hindu undivided family. Nagaraj Bhadale had two daughters (the petitioners), and Manikchand Bhadale also had two daughters. Both Manikchand and Nagaraj died. The suit was filed by the widow and children of Nagaraj Bhadale against the wife of Manikchand Bhadale and her two daughters. The petitioners contended that in the compromise entered into before the Lok Adalat, they were not allotted any share in the schedule property, though each of them had a 1/4th share. The court examined the material and found that the petitioners were not parties to the compromise and their shares were completely ignored. The court held that the Lok Adalat award was passed without the consent of the petitioners and in violation of principles of natural justice. Consequently, the court quashed the award and the final decree and remitted the matter back to the Lok Adalat for fresh consideration, directing that the petitioners be given notice and an opportunity to be heard before any compromise is recorded.
Headnote
A) Civil Procedure - Lok Adalat Award - Compromise Decree - Validity - The Lok Adalat passed an award in a partition suit based on a compromise, but the petitioners, who were daughters of the deceased coparceners and entitled to 1/4th share each in the joint family property, were not allotted any share in the compromise. The court held that the award was passed without the consent of the petitioners and in violation of principles of natural justice, and therefore liable to be quashed. (Paras 1-4) B) Hindu Law - Partition - Share of Daughters - The petitioners, being daughters of the deceased coparceners, had a right to share in the joint family property. The compromise decree that excluded them entirely was set aside. (Paras 2-4)
Issue of Consideration
Whether the Lok Adalat award and the final decree passed in O.S.No.28/2010 are liable to be quashed on the ground that the petitioners, who were entitled to 1/4th share each in the suit property, were not allotted any share in the compromise and the compromise was not entered into with their consent.
Final Decision
The writ petition is allowed. The award dated 13.04.2011 passed by the Lok Adalat in O.S.No.28/2010 and the final decree dated 23.04.2011 are quashed. The matter is remitted back to the Lok Adalat for fresh consideration. The Lok Adalat shall give notice to the petitioners and afford them an opportunity of being heard before any compromise is recorded.
Law Points
- Lok Adalat award
- compromise decree
- partition suit
- natural justice
- consent
- share in property
- Hindu undivided family
- writ jurisdiction under Articles 226 and 227 of the Constitution of India
