LEELA GOEL Vs. PREM SAGAR SHARMA

JUDGEMENT

(1.) Vide order dated 9.9.1983 in Suit No.509-A/1981 Smt.Leela Goyal and Anr. Vs. Shri Prem Sagar Sharma, disputes between Leela Goyal and her son Ashok Goyal as one party and Shri Prem Sagar Sharma as the other party were referred to the sole arbitration of Shri Lokeshwar Prasad, son of Shri Bulati Dass. As per the order of reference learned Arbitrator was to decide 7 issues which were listed in the order of reference :-

(2.) On the issues, the award is as under :-

(3.) Vide IA No.6798/1986 Prem Sagar Sharma has filed objections to the award, inter alia, alleging that there was no valid agreement between the parties and since the arbitration clause was contained in the agreement, the arbitration clause also perished. As a limb of this objection, it is urged that the agreement dated 21st May, 1979 is void. Next objection urged is that Ashok Goyal, son of Leela Goyal was a minor when agreement dated 21st May, 1979 was entered into and therefore, on said count also, agreement is void. The next objection taken is that the learned Arbitrator misconducted the proceedings in as much as he travelled beyond the scope of the reference. The last objection was that the award required registration in as much as the same created interest in immovable property in favour of Leela Goyal and her son and extinguished the right of Prem Sagar Sharma in respect of immovable property.