SULOCHANA UPPAL Vs. SURINDER SHEEL BHAKRI

JUDGEMENT

(1.) This petition under Section 20 of the Arbitration Act has been filed for the purpose of enforcement of the agreement to sell dated 8-10-1989, executed the parties to the suit whereby the respondent is alleged to have agreed to sell plot bearing No. 0-11/41, Lajpat Nagar, New Delhi, to the petitioner.

(2.) It is stated in this petition that in the said agreement there is an arbitration agreement between the parties. The clause relating to arbitration is in the following terms :

(3.) I had put io Mr. R.K. Makhija, learned counsel for the petitioner, at the time when the matter came up for admission on 9-8-1990, that in view of the fact that the arbitration would ultimately result in specific performance of the alleged agreement to sell between the parties, whether it is permissible in law to refer the alleged dispute between the parties in connection with the allowed agreement to sell between the parties to arbitration, in view of, inter alia, the provisions of Section 10 and Section 20 of the Specific Relief Act. Section 10 of the Specific Relief Act, 1963 reads as under:-