HEMANT GUPTA,J. - (1.) THE challenge in the present writ petition is to the order dated 19.05.2008 passed by the Permanent Lok Adalat on an application filed by the petitioner for settlement at pre-litigation stage.
(2.) THE petitioner claims that he is in actual physical possession of land measuring 36 Kanals 17 Marlas and as per family settlement between the parties, Respondent No. 2 in whose name the revenue entries stand has admitted the claim of the petitioner as owner in possession of the said land by relinquishing his rights, title and interest therein. Subsequently, the said respondent resiled and an application was moved before the Permanent Lok Adalat for settlement. Before the Permanent Lok Adalat, the respondent filed written statement admitting the claim of the petitioner but the Permanent Lok Adalat found that in terms of the pervious award dated 13.06.2005 by the Lok Adalat, the respondent is only in possession of 36 Kanals 17 Marlas but has not been declared as owner thereof nor any document has been produced to show that the respondent is owner of the said land. The other prayer of the petitioner for correction of Khasra Girdawari was declined for the reason that the civil Court has no jurisdiction to direct the correction of Khasra Girdawari. Therefore, the second prayer was also declined.The said order is impugned in the present petition.
(3.) A perusal of the petition and the documents attached thereto shows that the petitioner has adopted a dubious way to circumvent the provisions of the Registration Act, 1908 and the India Stamp Act, 1899 claiming ownership over the land without execution of any document on payment of requisite stamp duty.;