SARWAT YAR KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) SARWAT Yar Khan filed an application under Section 20 of the Indian Arbitration Act on the 16th oi August 1954 before the District Judge of Kumaur. alleging that on the 8th of May 1949 the Deputy Commissioner Nainital abruptly cancelled the lease executed by the latter in favour of the appellant on the 7th of July 1945 and took possession of the land along with the houses built by the appellant and the groves and other trees that stood on the land. He also alleged that according to the terms of the lease he was entitled to compensation. He represented to the respondents about his claim for compensation and when they paid no heed to his request he made the aforesaid application praying that the agreement of reference to arbitration contained in the lease deed be filed and a reference be made to the Board of Revenue for determining fhe amount of compensation to which the appellant was entitled.

(2.) THE opposite parties contested the application. THEy accepted the allegations of the appellant and further stated that they had given 250 acres of land in village Aimnaganj to the appellant in compensation for the land resumed and that the appellant had accepted that land. THEy pleaded that a duly registered lease had been executed in favour of the appellant on the 10th of September 1951 and that therefore there was no question of any dispute being referred to arbitration. THEy further pleaded want of jurisdiction and limitation.

(3.) SARWAT Yar Khan thereupon filed a First. Appeal from Order in this Court. The learned-Judges before whom the appeal was placed for hearing directed the matter to be referred to a Bench of two Judges in view of there being no-direct authority on the question whether Article-181 of the Limitation Act applied to Arbitration Act or not. It is thus that this First Appeal from Order has come before us.