BALRAM SEHGAL Vs. VINOD KUMAR SEHGAL

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 11 read with Section 8 of the Arbitration and Conciliation Act, 1996 (in short the 'Act'), praying inter alia for appointment of the named Arbitrator as referred to in the Reference Deed dated 30.4.1991, to adjudicate the disputes between the parties.

(2.) BRIEFLY stated, the facts of the case are that the dispute, subject matter of the present petition, is between the petitioner, son of late Sh. Baldev Raj Sehgal and the respondent No. 1, his brother. Respondents No. 2 and 3 are the sisters of the petitioner and the respondent No. 1. Late Sh. Baldev Raj Sehgal, father of the parties, purchased a residential premises on 31.8.1963, bearing plot No. 33, Ashoka Park Extn., East Punjabi Bagh, Rohtak Road, Delhi, measuring 155.8 sq. yds.

(3.) IN the Reference Deed, it was recorded that the property in question was purchased by the father of the parties, i.e. late Sh. Baldev Raj Sehgal and the respondent No. 1 being a government servant, wanted to take loan from the Government, hence all the legal heirs of the deceased executed a relinquishment deed in favour of respondent No. 1. However, as the petitioner claimed that he had equally spent on the super-structure of the aforesaid property and wanted to partition the property being a joint owner, certain disputes and differences arose between the petitioner and the respondent No. 1 regarding the aforesaid property and other family affairs.