M CHELLADURAI Vs. JUMBO WORLD HOLDINGS LIMITED

JUDGEMENT

(1.) This application has been filed to grant leave to the applicant to challenge the reference of the property of the applicants viz., 51 cents of land in S.No.289/9 of Zamin Pallavaram Village, Pallavaram TRaluk, Kanchjeepuram District, in the Arbitral Award dated 31.08.2015 arising out of arbitration agreeement dated 21.12.2005 between the respondents, and consequently to eschew and expunge the listing of the property of the applicants from the above arbitral proceeding.

(2.) It is the main contention of the applicants that they are jointly in possession and enjoyment of the vacant land measuring an extent of 51 cent in S.No.289/9 at Zamin Pallavaram. In the month of July 2007 some unidentified men representing Gordon Woodroffe Company owned by Respondents 1 and 2 attempted to trespass and disturbed the peace. Immediately they filed suit in O.S.No.148 of 2007 for permanent injunction. The suit was decreed in favour of the applicants and appeal was also dismissed by judgment dated 07.10.2013.

(3.) The Respondents 1 and 2 claimed rights over the property contending that they had purchased the same on 10.3.1922 by means of sale deed bearing Document No.1551/1922. According to the Applicants the above document was a forged and fabricated one. When the matter stood thus, in the month of October 2018 the Applicants had decided to sell the land and when they approached the prospective buyers, they came to know that sale agreement dated 21.12.2005 entered between the Respondents and also issued paper publication dated 01.09.2015. According to the Applicants their properties also subject matter of the Arbitral proceedings between the parties. The Arbitration Award was issued on 31.08.2015. Hence, this application.