SATINDERPAL SINGH ANAND Vs. SHARANPAL BALMUKUND CHOPRA

JUDGEMENT

(1.) As the parties, issues and impugned judgment are common, we are disposing of both the Appeals by this common judgment.

(2.) The original Petitioner- Appellant (also called hereinafter for reference 'Anand's) has preferred this Appeal No.583/2003 against the impugned order passed in Arbitration Petition No. 155/2002 in Award No. 2 of 2002. The original respondent (called hereinafter for reference Chopra's) has also preferred Appeal No.680 of 2003 on limited ground against the said judgment. The appellant's case in Appeal No.583/2003 is as under:-

(3.) Prior to 24/07/1979, Chopra and his brother were owners of a plot of land admeasuring 4644 sq.yards. By an Agreement of Sale dated 10/11/1979, both the brothers agreed to sell to M./s. Emkay Construction Co., 3300 sq. yards which was demarcated from the rest of the property by a red boundary line in the plan annexed to the Agreement. A compound wall was thereafter constructed separating the said two pieces of land. The respondent is the owner of immovable property at Bandra admeasuring 1344 sq. yds., with a structure of a ground floor and part first floor standing thereon having 4 flats besides a portion of the said structure in possession of the respondent. Flat No.3 was in occupation of the appellant who resided there with his family. On the first floor of the building there were two rooms and a toilet. They were also in occupation of the appellant.