IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11501 of 2009 1. Nawal Kishore Pd.Singh, Son of Late Saudagar Singh, Resident of Village Govindpur, P.S. Sharmera, District Nalanda at present residing at Mohalla Postal Park, Near Nawaratanpur Mandi, P.S. Kankarbagh, District Patna. 2. Amisa, Daughter of Manoj Kumar Singh under the guardianship of his grand father Nawal Kishore Pd. Singh, Resident of Mohalla Postal Park, Near Nawarantanpur Mandi, PS Kankarbagh, District Patna. 3. Aayush, Son of Manoj Kumar Singh under the guardianship of his grand father Nawal Kishore Pd. Singh, Resident of Mohalla Postal Park, Near Nawaratanpur Mandi, PS Kankarbagh, District Patna. ---------------------------------------------------------------------------------------------------- Petitioners Versus 1. The State of Bihar through the Chief Secretary, Bihar, Patna. 2. Bishwamohan Prasad Sinha, Son of Late Miterjeet Prasad, Resident of Mohalla Ashok Nagar, Road No. 8, PS Kankarbagh, District Patna. 3. Manoj Kumar Singh, Son of Sri Nawal Kishore Pd. Singh, Resident of Village Govindpur, PS Sarmera, District Nalanda at present residint at Mohalla Postal Park, Near Nawaratanpur Mandi, PS Kankarbagh, District Patna. -------------------------------------------------------------------------------------------------- Respondents For the petitioners :- Mr. Ashok Choudhary, Advocate Mr. Shivendra Kumar Sinha, Advocate For the respondent :- Mr. L.M. Das, Advocate ----------- 4 18.10.2011 The petitioner’s case is that he is the Karta of the joint family and has acquired substantial property either in his own name or in the name of different members of the joint family. It has been stated that he had purchased a single storied house situated in Mohalla Bahadurpur, Housing Colony M.I.G., Plot No. 8M/4 having an area of 2250 Sq. Ft. The petitioner no. 1 claims that he had purchased the said property in the name of his daughter- in-law i.e. the wife of respondent no. 3. Nawal Kishore Prasad Singh, petitioner no. 1 has a son Manoj Kumar Singh who was 2 married to Mairy. Mairy died in the year 2007 leaving behind her husband and two minor children namely Amisa and Aayush. After the death of Mairy the two minor children through their maternal grand father Bishwa Mohan Prasad Sinha filed a case before the permanent Lok Adalat. The father was the defendant in the Court of Lok Adalat. In the said compromise petition filed and signed by them it has specifically been stated that the defendant no. 1 Sri Manoj Kumar Singh has no other property except those described in Schedule 1 and 2 and has also a property which is a double storied house in the Postal Park east of Mandir of Navratanpur in Kankarbagh within the town of Patna. It has been specifically pleaded that except for this property as described in Schedule 1 and 2, all other properties are joint family properties. In the decree prepared, the Court has specifically stated as follows: “That property described in schedule no. 1 at the foot of this compromise petition is allotted to plaintiffs exclusively and guardian of the plaintiffs will maintain and property educate the plaintiffs out of income 3 of the property described in schedule no. 1 at the foot of this compromise petition but non (neither defendant nor guardian of plaintiffs namely Bishwa Mohan Prasad Sinha or any other) has power or authority to sale the described in schedule no. 1 at the foot of compromise petition and plaintiffs will be the absolute and exclusive owners and deal with the property when the plaintiffs will attain their majority.” Learned counsel for the petitioners submits that the property was purchased in the name of his daughter-in-law was also out of the income of the joint family property. However, it has not been disclosed as to what is the source from which the payment was made. Annexure-A on the other hand is the sale deed in the name of late Mairy, Wife of Manoj Kumar Singh which indicates that she has purchased a land from the Housing Board. Apparently, the Housing Board could have only sold the land to a person who has no other residential house (property). It is submitted that without making the petitioner no. 1 a party, the son and his father-in-law have surreptitiously brought the property transferred in the name of 4 the grand children and thus have deprived the petitioner the usufruct of the property in question. In the opinion of this Court, prima facie it would appear that there is no illegality in the award inasmuch as the property belonged to Mairy, Wife of Manoj Kumar Singh and the children are the natural heirs to the property of their mother and father and as such, this Court finds that there is no reason to quash the award, on the ground that the Lok Adalat had no jurisdiction to pass the award as disputed questions of facts were involved. This writ application is thus, dismissed. Sanjay (Sheema Ali Khan, J.)