SANJAY AGARWAL Vs. RAHUL AGARWAL

JUDGEMENT

(1.) Heard Sri Pritish Kumar, learned counsel for the revisionist as well as Sri Sanjay Bhasin, learned Senior Advocate assisted by Sri Sunil Sharma, learned counsel for the opposite parties.

(2.) The present civil revision has been filed assailing the order dtd. 30/01/2019 passed by the District Judge, Lucknow whereby he has rejected the application under Sec. 47 of the Civil Procedure Code preferred by the revisionist. The controversy in the present case centers around the validity of an arbitration award made by the arbitrator Sri Anirudh Mithal, General Manager, Indian Railways (Retd.) dtd. 07/05/2008.

(3.) Sri Pritish Kumar, learned Counsel for the revisionist has submitted that National Council for Young Men's Christian Association of India had executed a lease deed in respect of the property situated at 13, Rana Pratap Marg, Lucknow in favour of revisionist and his grandfather Sri Kishori Lal Agarwal for a period of 65 years. He submitted that the property was to be developed in the manner prescribed, and the lessees were also entitled to the gains in profits which may accrue from the said property. On 19/11/1986 Sri Motilal Agarwal, the father of the revisionist executed a deed of relinquishment declaring that the said property was and has been the absolute and exclusive property of Sri Kishori Lal Agarwal and the revisionist, who are the exclusive lessees thereof from the society.