JAGDISH PRASAD CHOKHANI Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT , J.

(2.) BY this judgment I propose to dispose of Suit No. 1123A of 1986 filed under Section 20 of the Arbitration Act, 1940 by Jagdish Prasad Chokhani with a request that an order of reference be made to the arbitrator named in the Sub-Lease Deed dated 29th May, 1971 with respect to the disputes and differences set out in paras 17 and 18 of the plaint. The defendants in this suit had absented in spite of service and as such ex parte proceedings were ordered against the defendants and ex parte evidence was ordered to be recorded and it consists of statement of Public Witness 1 Jagdish Prasad Chokhani apart from Ex. P. 1 Ex. P. 7. Ex. P. 1 is the copy of the sub-lease deed in favour of Shri M.N. Dhar in respect of Plot No. 34 Block No. B in Pomposh Enclave, New Delhi. Ex. P. 2 is the photocopy of the will left by the deceased M.N. Dhar. Ex. P. 3 is the death certificate of the said Shri Dhar. Ex. P. 4 is the copy of the letter sent by the plaintiff to the defendant for mutating the plot in the name of the plaintiff which was done by defendant No. 2 vide letter copy Ex. P. 5. Later on vide letter copy Ex. P. 6 the said mutation was suspended and rather a sum of Rs. 2,94,210.00 was claimed as unearned increase vide Ex. P. 7. The contention of the plaintiff is that he was not liable to pay the said amount and as such this dispute has been raised. My attention has been drawn to clause VIII of the Sub-Lease Deed which reads as under :