PURSHITTAM DAS CHOKHANI Vs. SARITA DEVI NATHNI

JUDGEMENT

(1.) preferred under Sec. 37(l)(b) of the Arbitration and Conciliation Act, 1996 (for short "the Act") is directed against the judgment and order dated 9-7-2004 made in Execution Case No. 1(H)/2004 on the file of the learned District & Sessions Judge at Shillong. The judgment and order is challenged on various grounds and we shall notice the grounds of attack but after noting the relevant facts leading to filing of this appeal.

(2.) The appellants in this appeal are the joint owners of a plot of land and a three storied RCC building standing thereon situated at Paltan Bazar, Shillong, East Khasi Hills district covered by Shillong Cantonment Holding No. 10CB. The respondent/judgment debtor/defendant is a tenant occupying a room measuring 950 sq. ft. from out of the said property (which shall be referred to as the "scheduled property") for the use and purpose of godown.

(3.) The case of the appellants is that the scheduled property were let out to the respondent under Rent Agreement dated 17-11-1999. The appellants filed (Eject) Title Suit No. 9(H) Title Suit No. 9{H)/2002 on the file of the learned Assistant District Judge, Shillong for ejectment and as well as recovery of arrears amounting to Rs. 1,53,000/- against the respondent. OR.5R.15The respondent herein filed written statement resisting the suit on various grounds with which we are not concerned in this appeal. That, as many as 12 issues were framed for consideration of the Court. That, when the suit was posted for evidence the respondent herein filed petition purporting it to be one under Section 89 of the said Act read with Section 151 CPC but the substance of the petition filed by the respondent herein is to refer the matter to arbitrator for adjudication in terms of Clause 9 of Rent Agreement. The learned Assistant District Judge upon considering, the contents of the application preferred by the respondent and upon hearing the parties disposed of the same vide order dated 17-6-2003 in the following manner :