FASHION WORLD Vs. BANKE BIHARI DEVELOPERS PVT. LTD.

JUDGEMENT

(1.) Heard Sri Prakhar Saran Srivastava, learned counsel for the petitioners and Sri A.P. Srivastava, learned counsel for the respondents landlord.

(2.) The petitioner as well as respondents entered a lease agreement styled as 'Memorandum of Understanding' on 6/2/2017 for a period of 9 years on an agreed rent as per Clause 1 of the agreement, with a right reserved with the landlord/lessor vide clause 9 to terminate the lease upon default in payment of rent.

(3.) Clause 21 of the Memorandum of Understanding prescribed for arbitration under the Arbitration and Conciliation Act, 1996 in the event of any dispute or deference arising out of Memorandum of Understanding. Taking recourse to the Clause 9 of the Memorandum of Understanding lessor/landlord issued a notice to the petitioner to vacate the premises in question. The petitioner upon not being paid rent and taking it to be a case of month to month tenancy instituted a suit for recovery of rent and eviction under Sec. 15 of The Provincial Small Cause Courts Act, 1887. Petitioner filed miscellaneous application questioning forum on the ground that as per Clause 21 of the Memorandum of Understanding reached between the parties, the matter was referable to arbitration and no suit would lie. The point was considered as to the maintainability of suit by Judge, Small Causes in view of Sec. 8 of the Arbitration and Conciliation Act, 1996 and said application was rejected chiefly on the ground that Memorandum of Understanding reached between the parties was an unregistered document and it being unregistered and not duly stamped was inadmissible in evidence and hence not enforceable in law. This order is challenged before this Court in this revision petition.