HIGH COURT FOR THE STATE OF TELANGANA
***
WRIT PETITION NO.37519 OF 2022 Between:
Gaddagunti Rajapathi, s/o. late Laxmaiah, Aged about 62 years, occu: President, Sri Sai Ram Colony Welfare Association, r/o. 16-2-752/K/113, Sri Sai Ram Colony, Saidabad, Hyderabad and two others.
.... Petitioners and State of Telangana, Rep.by its Principal Secretary, Law and Justice, Secretariat, Hyderabad and others.
.... Respondents
DATE OF JUDGMENT PRONOUNCED : 29.12.2022
HON'BLE SRI JUSTICE P.NAVEEN RAO
&
HON'BLE SRI JUSTICE J.SREENIVAS RAO
1. Whether Reporters of Local Newspapers : No
may be allowed to see the Judgments ?
2. Whether the copies of judgment may be : Yes
marked to Law Reporters/Journals
3. Whether Their Lordship wish to : No
see the fair copy of the Judgment ?
PNR,J & JSR,J
WP No.37519 of 2022
2
* HON'BLE SRI JUSTICE P.NAVEEN RAO
&
HON'BLE SRI JUSTICE J.SREENIVAS RAO
+ WRIT PETITION NO.37519 OF 2022
%29.12.2022
Between:
# Gaddagunti Rajapathi, s/o. late Laxmaiah, Aged about 62 years, occu: President, Sri Sai Ram Colony Welfare Association, r/o. 16-2-752/K/113, Sri Sai Ram Colony, Saidabad, Hyderabad and two others.
.... Petitioners and $ State of Telangana, Rep.by its Principal Secretary, Law and Justice, Secretariat, Hyderabad and others.
.... Respondents !Counsel for the petitioners : Sri B.Narsimha Sharma rep. Sri V.Ramesh Reddy Counsel for the Respondents : Sri Syed Kareemuddin for respondents 4 & 5, Sri J.Anil Kumar, standing counsel for respondent No.2.
<Gist :
>Head Note:
? Cases referred:
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PNR,J & JSR,J WP No.37519 of 2022 3 HONOURABLE SRI JUSTICE P.NAVEEN RAO AND HONOURABLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No. 37519 OF 2022 ORDER : (Per the Hon'ble Sri Justice J. Sreenivas Rao ) The petitioners have filed this writ petition for seeking a Writ of Mandamus to declare the Lok Adalat Award dated 25.10.2019 passed in S.A.No.93 of 2016 on the file of High Court for the State of Telangana, Hyderabad, as illegal, arbitrary and contrary to the enactment of the Legal Services Authority Act, 1987 and consequently to set aside the Lok Adalat Award dated 25.10.2019 passed in S.A.No.93 of 2016 and to pass such other suitable order as this Court may deem fit and proper in the circumstances of the case.
2. Heard Sri B.Narsimha Sharma, learned counsel representing Sri V.Ramesh Reddy learned counsel for the petitioners, Sri Syed Kareemuddin learned counsel for the respondents No.4 & 5 and J.Anil Kumar, learned Standing Counsel for respondent No.2.
3. The brief facts of the case are that the fathers of petitioners 1 and 2 along with other family members have filed suit in O.S.No.622 of 1981 on the file of the Court of Vth Additional Judge, City Civil Court, Hyderabad for seeking partition of the suit schedule properties admeasuring to an extent of Acs.7.13 guntas in Survey Nos.44, 47, 48, 50, 51, 52, 54 to 60 PNR,J & JSR,J WP No.37519 of 2022 4 situated at Saidabad village, Hyderabad, and the same was decreed on 19.04.1983 allocated the shares between the parties. 3.1. It is averred that the parties and their legal heirs in O.S.No.622 of 1981 had converted the land admeasuring to an extent of Ac.1.00 in survey Nos.48, 50, 54 to 60 situated at Saidabad Revenue village, Hyderabad into plots. For the said purpose, Kothapeta Co-operative Housing Society Limited, bearing Regd.No.PB:830, Sankeshwar Bazar, Hyderabad was formed and the said society has allotted the plots in favour of the society members/purchasers and executed registered sale deeds. Thereafter, the plot owners formed "Sri Sai Ram Colony Welfare Association" vide Registration No.468 of 2000. 3.2. It is also stated that while making the layout in the name of Kothapet Co-operative Housing Society Limited, the Plot No.112/A admeasuring to an extent of 133.77 sq. yards is earmarked for "Sri Sai Ram Colony Welfare Association (Community Hall), thereafter the said Welfare Association has constructed compound wall and a room in the said plot and doing their daily activities. While the matter stood thus, the respondent No.4 executed a gift settlement deed in the name of his daughter; i.e., respondent No.5 herein vide document No.6689/2021 dated 24.09.2021 styling himself as the owner of the house bearing No.16-2-751/93/B/1/A/1, as if the same is constructed in Plot No.112/A, which is earmarked for community hall. The said house number was obtained by the respondent No.4 by playing fraud with the municipal PNR,J & JSR,J WP No.37519 of 2022 5 authorities; moreover, in the gift settlement deed it is mentioned that the respondent No.4 acquired the said property by virtue of the award passed in S.A.No.93 of 2016, dated 25.10.2019. In fact, the said property is entirely different than the suit schedule property, as the respondents 3 to 7 colluded with each other and created documents to grab the plot No.112/A, which is earmarked for the community hall. 3.3. The petitioner further stated that the 3rd respondent has filed O.S.No.1865 of 2012 on the file of the Court of XIX Junior Civil Judge, City Civil Court, Hyderabad seeking perpetual injunction against respondents 4, 6 and 7 on the ground that he is the owner and possessor of property bearing No.16-2-751/93/A/2/1, admeasuring 120 sq. yards in survey No.47 situated at Saidabad, Hyderabad, and the same was decreed on 21.05.2013. Aggrieved by the same the defendants filed A.S.No.383 of 2013 on the file of the Court of XXIV Additional Chief Judge, City Civil Court, Hyderabad. It appears that the same was allowed on 30.06.2015. Aggrieved there by the same, third respondent filed S.A.No.93 of 2016 before this Court. S.A.No.93 of 2016 ended in compromise by the parties by filing joint compromise memo and the matter has been settled before the Lok Adalat, vide Award dated 25.10.2019.
4. Respondents 4 and 5 have filed counter contending that the petitioners filed the present writ petition suppressing several facts including filing of O.S.No.287 of 2022 on the file of the Court of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad. In the said suit PNR,J & JSR,J WP No.37519 of 2022 6 the petitioners sought declaration declaring the gift settlement deed vide document No.6689/2021, dated 24.09.2021 as null and void, not binding on them and recovery of possession, of suit schedule land admeasuring 133.77 sq.yards bearing Plot No.112/A in Sy.No.48, 49, 59 admeasuring 133.77 Sq.yds situated at Sariramngar Colony, Kothapet, Cooperative Society Colony, Saidabad, Hyderabad.
4.1. Respondent No.4 further averred that he acquired the subject matter of the property as an outcome of partition vide O.S.No.622 of 1981 and when dispute arose between him and the respondents 6 to 8 herein himself along with the respondents 6 to 8 compromised during the pendency of SA.No.93 of 2016 and the matter was referred to the High Court Legal Services Committee, which has passed an award on 25.10.2019 in terms of compromise effected between the parties. He further stated that house bearing No.16-2-751/93/B-1/A was transferred to respondent No.5 who is his daughter, through registered gift settlement deed vide document No.6689/2021, dated 24.09.2021. Thereafter, his daughter obtained construction permission from the GHMC vide permit No.139997/2019, dated 17.2.2022 and started construction. Then the petitioners demanded to pay an amount of 2,00,000/- claiming that as they are running welfare committee for which they have to pay the demanded amount and when refused to meet the said demand, they filed the present writ petition .
PNR,J & JSR,J WP No.37519 of 2022 7
5. The learned counsel for the petitioners contended that the respondent No.3 filed a simple suit for perpetual injunction vide O.S.No.1861 of 2012 on the file of the Court of XIX Additional Chief Judge, City Civil Court, Hyderabad against the respondents 4, 6 and 7 in respect of the property bearing No.16-2-751/93/A/2/1, admeasuring 120 sq. yards and the said suit was decreed. During the pendency of the Second Appeal No.93 of 2016, the respondents 3, 4, 6 and 7 have colluded with each other and obtained the Lok Adalat award on 25.10.2019 covering more than the extent of land claimed in the suit as well as converting the injunction suit into title suit and the same is contrary to law. After obtaining the Lok Adalat Award, the Respondent No.4 has executed Gift Settlement Deed on 24.09.2021 in favour of 5th respondent in respect of house bearing No.16-2-751/93/B/1/A/1 admeasuring 143 sq.yards and under the guise of Gift Settlement Deed the Respondent No.5 is trying to make the constructions in the petitioners property. Admittedly, the said property belongs to the petitioners and the Lok Adalat Award is liable to be set aside.
6. On the other hand, the learned counsel for the respondents 4 and 5 contended that the petitioners have already filed the suit in O.S.No.287 of 2022 on the file of XVIII Additional Senior Civil Judge, City Civil Court, Hyderabad against the very same respondents seeking declaration, declaring the Gift Settlement Deed document No.6689 of 2021, dated 24.09.2021 executed by respondent No.4 in favour of respondent No.5 as null and void and not binding upon them and also sought decree directing PNR,J & JSR,J WP No.37519 of 2022 8 the defendants 1 and 2 therein to deliver the vacant possession of the suit schedule property i.e., Land bearing Plot No.112/A in Sy.Nos.48, 49, 59 admeasuring 133.77 Sq.yds situated at Sairamngar Colony, Kothapet, Cooperative Society Colony, Saidabad, Hyderabad., and the said suit is pending. In view of the same, the petitioners are not entitled to any relief much less the relief sought in this writ petition, as the petitioners suppressed the factum of filing the above suit and they have not approached with clean hands.
7. As per the pleadings and the contentions of the respective parties in the writ petition, it reveals that the petitioners are claiming that they are the President, Vice President and the General Secretary of Sri Sai Ram Colony Welfare Association and they are the owners of the property admeasuring 133.77 square yards in plot No.112/A and they acquired through unregistered gift deed (settlement) dated 20.09.2000 executed by Sri Rajapathi and six others in favour of "Sri Sai Ram Nagar Welfare Association", SBH colony, Saidabad and the said property is in survey Nos.48, 49 and 59 bounded by, North: No.112/B of P.Mallaih, South:Plot No.112, East: Plot No.100/A and West: 30 feet road.
8. Whereas the respondent No.3 has filed the suit in O.S.No.1865 of 2012 on the file of XIX Junior Civil Judge, City Civil Court, Hyderabad, against respondents 4, 6 and 7 for grant of perpetual injunction restraining the defendants therein from interfering with peaceful possession and enjoyment of the suit property i.e., house PNR,J & JSR,J WP No.37519 of 2022 9 No.16-2-751/93/A/2/1 admeasuring 120 sq. yards in survey No.47. The said suit was decreed on 21.10.2013. Against the said decree, the defendants therein filed appeal in A.S. No.383 of 2013 and the same was allowed on 30.06.2015. Questioning the said judgment and decree, the respondent No.3 filed S.A.No.93 of 2016 before this Court. In the said second appeal, the respondent No.3 and the respondents 4, 6 and 7 have filed joint compromise memo on 11-09-2019 and the matter was referred to Lok Adalat and the Lok Adalat passed an Award on 25-10-2019. In the said Award, it was held in para 11 that "the respondent No.3 is entitled to 120 sq. yards shown in yellow colour, and the respondent No.4 is entitled red colour portion, respondent No.6 is entitled blue colour portion". Thereafter, the respondent No.4 executed registered gift settlement deed vide Doc. No.6919 of 2021 in favour of respondent No.5 in respect of the property house bearing No.16-2-751/93/B/1/A/1, admeasuring 143 sq.yards equivalent to 119.56 sq.mts having plinth area of 300 sq.ft of ACC situated at Sairam Colony, SBH colony, Saidabad, Hyderabad under GHMC limits. Questioning the gift settlement deed No.6919 of 2021, dated 24-9-2021 the petitioners have filed suit in O.S. No. 287 of 2022 on the file of the Court of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, seeking declaration, to declare the above said gift settlement deed as null and void and not binding upon them and also sought the relief of directing the respondents 4 and 5 to deliver the vacant possession of the suit schedule property i.e., Land bearing in Plot No.112/A in PNR,J & JSR,J WP No.37519 of 2022 10 Sy.No.48, 49, 59 admeasuring 133.77 Sq.yds situated at Sariramnagar Colony, Kothapet, Cooperative Society Colony, Saidabad, Hyderabad.
9. In the said suit, the petitioners made an averment that the respondent No.4 without having any manner of right executed the gift settlement deed in favour of the respondent No.5 by relying on the Lok Adalat Award passed in S.A.No.93 of 2016 dated 25.09.2019 and the property in the Lok Adalat Award and the property mentioned in the gift settlement deed is totally different. The respondents 4 and 5 have colluded with each other and created the documents in order to grab the suit schedule property.
10. The property claimed by petitioner through the gift settlement deed dated 20.9.2000 and schedule of property mentioned in O.S.No.287 of 2022 on the file of the Court of XVII Additional Senior Civil Judge, City Civil Court, Hyderabad, is one and the same. Whereas the property mentioned in the gift settlement deed executed by the respondent No.4 in favour of the respondent No.5 dated 24.09.2021 pertaining to an extent of 143 sq. yards in respect of the house bearing No.16-2-751/93/B/1/A/1. In the said schedule of property, the respondent No.4 has not mentioned any survey number. However, the petitioners in the writ petition as well as in the suit in O.S.No.287 of 2022 are specifically claiming that under the guise of gift settlement deed dated 24.09.2021 executed by the respondent No.4 in favour of respondent No.5, respondent No.5 is interfering in the PNR,J & JSR,J WP No.37519 of 2022 11 property of the petitioners which was acquired by them through gift settlement deed dated 20.9.2000.
11. Admittedly, the core issue in this writ petition in-as-much-as confined to determine as to whether the petitioners are having any manner of right to challenge or question the Lok Adalat Award passed in SA.No.93 of 2019 albeit when the petitioners are not the parties to the lis.
12. As per the settled principle of law, any award passed by the Lok Adalat is binding between the parties to the lis and not binding upon others who are not the parties. But in the instant case, the petitioners are claiming that by virtue of the Lok Adalat Award only the respondent No.4 had executed gift settlement deed in favour of respondent No.5. Admittedly the petitioners have already filed suit in O.S.No.287 of 2022 and the same is pending. In the said plaint, the petitioners have made a mention about passing of the Award by the Lok Adalat in S.A.No.93/2016, dt.25.10.2019. The petitioners are seeking declaration declaring the Gift Settlement Deed Dt.24.09.2021 as null and void and also for delivery of possession of the suit schedule property and the said suit is pending.
13. Section 19 of Legal Services Authority Act, 1987 deals with organization of Lok Adalat. Sub-Section 5 is relevant to this case. It reads as under :
Section 9 (5) : "A Lok Adalat shall have jurisdiction to determine and to arrive at compromise or settlement between the parties to a dispute in respect of (i) any case pending before ; or (ii) PNR,J & JSR,J WP No.37519 of 2022 12 any matter which is falling within the jurisdiction and is not brought before, any court for which the Lok Adalat is organized:
Provided that the Lok Adalat shall have no jurisdiction in respect of any case or matter relating to an offence not compoundable under any law."
14. From a bare reading of this provision makes it clear a Lok Adalat shall have jurisdiction to determine and to arrive at compromise or settlement between the parties to a dispute in respect of a pending case. According to Section 19 of the Act, the Lok Adalat can pass award bounded by the reliefs claimed by the parties to the lis and that the Lok Adalat is not having power or jurisdiction to pass award beyond the scope of the relief/s claimed in the suit. The Lok Adalat has to confine the award to the relief/s as sought by the parties to the lis.
15. As per the settled principles of law, no court or tribunal can grant relief to a party more than what is prayed for. In the instant case, the third respondent filed simple suit in OS.No.1865 of 2012 on the file of XIX Junior Civil Judge, City Civil Court, Hyderabad seeking perpetual injunction restraining the defendants therein from interfering in respect of the house admeasuring 120 sq.yards bearing No. 16-2-751/93/A/2/1 in survey No.47 only. Whereas the parties in the said suit filed joint compromise memo during the pendency of the SA.No.93 of 2016 in respect of other than the property mentioned in the suit schedule property and basing on the joint compromise memo, the Lok Adalat passed the Award determining the rights over the properties of the parties more than the extent covered in the suit schedule property.
PNR,J & JSR,J WP No.37519 of 2022 13
16. In view of the law laid down by this Court and the Apex Court, this Court finds that the Lok Adalat passed the award beyond the scope of the relief claimed in the suit. However, in view of the peculiar facts and circumstances of the case, we are not inclined to set aside the award passed by the Lok Adalat on this ground. It is made clear that as the petitioners are not parties in the Lok Adalat award, the same is not binding on them and is binding between the parties only.
17. The petitioners have raised several disputed questions of facts which cannot be gone into and adjudicated in the present writ petition. However, the petitioners are entitled to raise all the pleas which are raised in the present writ petition including the applicability of the Lok Adalat Award in respect of their property in the pending O.S.No.287 of 2022. The trial court shall consider all pleas advanced by the parties.
18. The Writ Petition is accordingly disposed of. No costs. As a sequel, miscellaneous petitions if any, pending shall stand closed.
_____________________________ JUSTICE P.NAVEEN RAO ______________________________ JUSTICE J. SREENIVAS RAO Date: 29.12.2022 ISL * NB: LR COPY TO BE MARKED.
// B/O.ISL // PNR,J & JSR,J WP No.37519 of 2022 14 * NB: LR COPY TO BE MARKED.
HONOURABLE SRI JUSTICE P. NAVEEN RAO AND HONOURABLE SRI JUSTICE J. SREENIVAS RAO WRIT PETITION No. 37519 OF 2022 RESULT : DISPOSED OF NO COSTS CIRCULATION No. Date: 29.12.2022 PS/COURT MASTER : ISL PNR,J & JSR,J WP No.37519 of 2022 15