ROHIT RAJKUMAR KUKREJA Vs. G.RAMAIYA REDDY

JUDGEMENT

(1.) These two appeals are filed by the sub-lessees challenging order dated December 17, 2021, in Commercial Execution Case No.4305/2018 on the file of the Court of LXXXXVIII Additional City Civil & Sessions Judge (Commercial Court) at Bangalore.

(2.) Brief facts of the case are, respondents No.1 to 4 are the owners of properties bearing Municipal Nos.15, 16 and 17 on Cunningham road, Bengaluru. They entered into an agreement with M/s IDEB Projects[Respondent No.5, M/s IDEB for short] and a Mall named as 'Sigma Mall' was constructed on the land. Appellants are sub-lessees in respect of their respective shops in the Sigma Mall. IDEB did not fulfill it's terms of lease. In substance, it did not pay any money to the land owners and they initiated arbitration proceedings and obtained an award for delivery of possession and payment of arrears of rent. In the Commercial Execution Case No.4305/2018 filed by the land owners, appellants filed an application under Order 21 Rule 97 CPC for dismissal of Execution proceedings and to declare that appellants had independent right over the property and the arbitral award was void. The same has been dismissed by the Commercial Court. Hence, these appeals.

(3.) Shri S.Basavaraj, learned Senior Advocate for the appellants mainly submitted