ANVAR BEG Vs. ABDUL ALA SIDDIKI

JUDGEMENT

(1.) In this application filed under section 11(6) of the Arbitration and Conciliation Act, 1996 (in short "Arbitration Act"), the applicant has prayed for appointment of an arbitrator to resolve the dispute between the parties.

(2.) The admitted facts between the parties are that the applicant entered into a joint venture agreement with the respondents on 25.4.2011 for construction of their house at Ward No.20 in an area admeasuring 2500 Sq.ft. It is agreed to construct four storied building having two flats on each floor. The agreement dated 25.4.2011 is filed as Annex.A-1. Admittedly, as per this agreement, the applicant was to get ownership of four flats as consideration for constructing the said building i.e. two flats situated on the first floor and remaining two on the fourth floor.

(3.) The applicant stated that in furtherance of the joint venture agreement, respondents executed a power of attorney (Annx.A-2) in favour of the applicant on 13.2.2013. The same was done in order to facilitate the work assigned to the applicant as per the agreement. It is averred that the applicant entered into a sale agreement with Smt. Ajra Khan to sell two flats out of the four flats received as consideration for constructing the said building. On 17.5.2016, the applicant sold the aforesaid two flats to Smt. Ajra Khan by sale deed Annex.A-3. The possession of said flats was handed over to the buyer but the sale deed could not be registered. The applicant requested to take necessary steps so that sale deed can be registered. The same was not responded by the respondents. The respondents started back tracking from the promise made to the applicant and refused to register the sale deed on the ground that the fourth floor of the said building has not been approved.