RAJ KARAN Vs. COGENT VENTURES INDIA LTD

JUDGEMENT

(1.) THIS is an application under Section 8 of the Arbitration and conciliation Act, 1996 by the defendant who has also invoked the provisions of order 7 Rule 11 CPC.

(2.) THE plaintiff sued the defendant for decree of possession in respect of premises No. Shanti Villa, Khasra No. 810/2, Main Road, Chattarpur extension, New Delhi. The plaintiff has inter alia averred that the defendant was given possession of the suit property on 14. 8. 2003, through a deed executed by both parties. It is alleged that the defendant agreed to pay a monthly rent of Rs. 51,000/ -. The plaintiff further alleges that the defendant's monthly tenancy was terminated by notice dated 17. 8. 2006 under Section 106 of the transfer of Property Act and thereafter defendant continued in unauthorized occupation.

(3.) THE defendant, in the application, has accused the plaintiff of not revealing material facts relating to the lease deed and existence of an arbitration clause in it. It has produced a copy of the said lease deed in support of the application and claimed that the disputes in the suit ought to be referred to arbitration in accordance with the said condition, i. e. clause 11. The said clause reads as follows:-