SURJIT KAUR Vs. SHAHPURI CONSTRUCTION COMPANY

JUDGEMENT

(1.) The challenge in this petition is to the award dated December 19, 2014 passed by the learned Arbitrator whereby the learned Arbitrator has given a limited relief to the petitioner of rental amount at Rs.6,000/- per month from November 2009 to October 20, 2010 to be paid within a period of 30 days failing which, the amount was directed to be paid with interest @ 9% per annum. The learned Arbitrator has also disposed of the claim No. 15 whereby the learned Arbitrator directed the petitioner and the respondent No. 2 to fulfil their respective obligations i.e. the execution of the sale deed of first floor and handing over of the possession thereof to the respondent No. 1 immediately on the respondent No. 1 paying them the requisite amount of Rs.10 lakhs and simultaneously, the respondent No. 1 also to restart the construction from the stage, it was stopped and complete the same in a swift manner.

(2.) The challenge in this petition by the petitioner is limited to claim No. 1, 7, 8 and to counter claim No. 15, wherein, the learned Arbitrator has directed the petitioner and the respondent No. 2 to execute the sale deed. Claim No. 1, 7, 8 and counter claim No. 15 are reproduced as under:

(3.) The petitioner is the co-owner along with Mr.Mohinder Jeet Singh, respondent No. 2 herein, in respect of a freehold property admeasuring about 666 Sq. Meters at B-1/638A, Janakpuri, New Delhi, having inherited the same from her husband late Iqbal Singh. The petitioner and the respondent No. 2 were having equal shares in the said property in terms of the partition deed dated December 30, 2000, which demarcates the respective shares of the said property. In terms of the partition deed, the said property was partitioned in two equal halves i.e. eastern portion of 333 Sq. Meters which belonged to the husband of the petitioner and the western portion also of 333 Sq. Meters belonged to Mohinder Jeet Singh, the respondent No. 2 herein, with two drive ways existed on each side of the said property.