JOEMON JOSEPH Vs. TAHSILDAR

JUDGEMENT

(1.) Since common questions are involved in these Arbitration. Requests, by agreement of parties, these Arbitration Requests are disposed of by this common judgment.

(2.) The question involved in these Arbitration Requests is whether any dispute or difference between the Government or their officers on the one hand and the grantee of a patta and order of assignment of land on registry for rubber cultivation under the Rules for the Assignment of Government Land for Rubber Cultivation, 1960 (hereinafter referred to as the 'Rules for Rubber Cultivation') or his successors in interest on the other, is arbitrable under the Arbitration and Conciliation Act, 1996 by the District Collector as provided in the order of assignment of land on registry for rubber cultivation or whether the arbitration clause would not apply in a case where the assignment on registry is proposed to be cancelled.

(3.) The applicants in A.R. No. 43 of 2010 are the successors in interest of Sri. Ouseph Thoma. Land was assigned on registry to Ouseph Thoma under the Rules for Rubber Cultivation. It is stated that originally the lands were licensed for rubber cultivation, for a period often years. On completion of the original period often years, the land in question was assigned on registry to Ouseph Thoma. The ownership and possession of the property vested in the applicants by subsequent transfers.