SUSHIL KUMAR GUPTA Vs. PREM GUPTA

JUDGEMENT

(1.) The "Gupta" family was carrying on business under a partnership firm known as Deoki Nandan & Sons. Disputes arose inter se the family members including qua immovable property where the parties were residing known as 1, Tughlak Lane, New Delhi. A reference was made vide order dated 18.11.1985 in Suit No.2164A/1985 for resolution of disputes to the sole arbitration of Mr. Justice Jaswant Singh (Retd.) who made and published an award dated 8.6.1988. One of the issues framed before the arbitrator was as under:

(2.) The findings on this issue were recorded by the arbitrator after obtaining a report from an architect as also a response from the Land & Development Office, Government of India, being the perpetual lessor. The result of the aforesaid was that the land was found earmarked for group housing building and sub-division of the plot was not permitted. It was, thus, opined by the learned arbitrator that equal physical division amongst the four parties with separation of title was not possible. The alternative proposal for development of the property, in the absence of consent, was also not feasible and, thus, the only methodology for disposal of the property was by public auction in which even the parties would be free to offer their bids.

(3.) The aforesaid award was filed in Court to which objections were filed which were dismissed and the award was made rule of the court on 17.9.1990 in the earlier suit proceedings. The appeal against the same were dismissed on 18.9.1991.