B N KHANNA Vs. GEETA SAGAR

JUDGEMENT

(1.) The petitioner is one of the founder members of the respondent No. 2, Diplomatic Enclave Extension, Co-operative House Building Society, Ltd. (hereinafter referred to as "the Society") and is about 80 years old. There has been a long drawn out litigation between the petitioner and respondent No. 2, for several years for allotment of plot, the details of which may not be necessary to be referred to here. Suffice it to say, that although according to the petitioner, he was entitled to a plot of 1200 sq. years, he was allotted only 800 sq. years plot by respondent No. 2, which also was not actually given to him. Ultimately, the matter was referred to the Arbitration under Section 61 of the Delhi Co-operative Societies Act and respondent No. I or his nominee was appointed as the sole arbitrator to adjudicate upon the disputes between the petitioner, and the respondent No. 2.

(2.) Originally, the claim of the petitioner was against plot No. A-27, which claim was withdrawn by him in the arbitration proceedings and the consent award dated 30th June, 1980 was given by the arbitrator. The relevant portion of the award is reproduced below :-

(3.) Since the award was not implemented, the petitioner filed an application dated 20th August. 1982, Exhibit PA/I before the Registrar for execution of the award dated 30th June, 1980 and the relief claimed in the said application was that attachment of land measuring 400 sq. yards in the West End Colony may be ordered. This application was allowed and the Registrar passed the following order on 12th December, 1984 :-