MAYA SUGATHAN Vs. DISTRICT LEGAL SERVICE AUTHORITY
LAWS(KER)-2022-8-10
HIGH COURT OF KERALA
Decided on August 05,2022

Maya Sugathan Appellant
VERSUS
District Legal Service Authority Respondents




JUDGEMENT

- (1.) The petitioner challenges the award dtd. 7/2/2014 passed by the Lok Adalat organized by the District Legal Services Authority, Thiruvananthapuram, in this original petition filed under Article 227 of the Constitution of India.
(2.) The petitioner is a tenant of the building owned by respondent No.2. In 2013, respondent No.2, the Landlady, approached the District Legal Services Authority (for short 'DLSA'), Thiruvananthapuram, by filing a pre-litigation complaint as PL.No.3928/2013. On receipt of notice in the matter, the petitioner appeared before the DLSA. The matter was referred to the Lok Adalat constituted under Sec. 19 of the Legal Services Authorities Act, 1987. The Lok Adalat on 7/2/2014 passed Ext.P1 award based on a compromise entered into between the parties on 31/1/2014 whereby the petitioner agreed to vacate the building on 30/4/2016 and also agreed to pay a sum of Rs.6,000.00 per month as rent till then. However, the petitioner did not vacate the building as agreed and thereby failed to comply with the terms of the award. The petitionerthen filed O.S.No.839 of 2016 before the Munsiff's Court, Thiruvananthapuram, seeking a decree of permanent prohibitory injunction against respondent No.2 and others. Respondent No.2 filed E.P.No.291/2016 before the Munsiff's Court, Thiruvananthapuram, to execute Ext.P1 award.
(3.) The petitioner challenges Ext.P1 award on the following grounds:- i) The Lok Adalat can consider only cases referred to it by a Court as defined in Sec. 2(aaa) of the Legal Services Authorities Act. ii) The Lok Adalat has no jurisdiction to entertain matters under the purview of Rent Control Laws. iii) An award of eviction passed by the Lok Adalat inconsistent with Sec. 11 of the Kerala Buildings (Lease and Rent Control) Act, 1965 is not executable. iv) The petitioner/tenant was not aware of the true legal consequences of the compromise stated to have been entered into between the parties. v) The Lok Adalat has no power to act upon a compromise entered into between the parties outside the said forum.;


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