ANUSUIYA BAI Vs. SAHODRA BAI

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the defendant's second appeal is as under:-

(2.) The original plaintiff-Smt.Dewantin Bai, [who died during pendeny of second appeal], filed a suit for recovery of possession by mandatory injunction stating inter-alia that her husband has purchased the suit property bearing khasra No.172/1 area 0.20 decimal by registered sale deed dated 9.5.88 from Shambhulal and thereafter constructed house, which was given on license to the defendant, but the defendant did not vacate the suit house after death of her husband and the matter was referred to arbitration. Arbitration award was passed on 11.8.91 (Ex.P/2), but the defendant did not vacate the suit premises leading to filing of suit for possession as stated above.

(3.) The defendant filed his written statement opposing the plaint averments and by way of amendment dated 11.3.99 also inserted that suit filed was based on arbitration agreement, therefore, the suit is not maintainable. During pendency of the suit, the defendant filed objection that the plaintiff's suit is based on arbitration agreement as referred in para-4 of the plaint, therefore, the suit is not maintainable and is barred by provisions contained in Section 32 of the Arbitration Act, 1940 (hereinafter called as "the Act of 1940").