UNION OF INDIA Vs. MUNI MANDAL ASHRAM TRUST

JUDGEMENT

(1.) PRESENT civil revision is filed by the revisionist being aggrieved against the impugned judgment and decree dated 27.01.2014, passed by learned District Judge, Haridwar. Small Cause Court Suit for eviction, realization of rent and mesne profits filed by the plaintiff (respondent herein) was decreed against the defendants (revisionists herein).

(2.) THE principal ground of challenge to the judgment and decree under revision is that the dispute between the parties should have been referred to the Arbitrator. Clause 15 of the lease -agreement says that 'should any dispute or difference arise out concerning the subject matter of these presents or any covenant clause or thing herein contain or otherwise arising out of this lease, the same shall be referred to an arbitrator to be appointed by the Government of India and the decision of such arbitrator shall be conclusive and binding on the parties (to the dispute)'.

(3.) MUCH emphasis is laid by learned counsel for the respondent that the lease -deed expired on 24.01.2007 and the revisionists cannot be permitted to take recourse to such clause after the expiry of the period of lease deed. Reliance is placed upon Alok Mehrotra vs Government of NCT of Delhi and others,2012 1 UAD 183, wherein learned Single Judge of this Court held that the matter of eviction in an arbitral dispute is not at all justified since suit for eviction of a tenant is action in rem.