RACHPAL SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) Rachpal Singh and Bhagwant Singh, two brothers (hereinaer referred to as "peoners"?), have appro ached this Court assailing the concurrent orders passed by the Courts below i.e., (i) order dtd. 7/10/1995 passed by the learned Addional Senior Sub-Judge, Nakodar, whereby the arbitral award dtd. 22/4/1992 on applicaon moved by Surinder (respondent herein) was made the Rule of the Court; and (ii) judgment dtd. 13/12/2001 passed by the learned Addional District Judge, Jalandhar, whereby their appeal was dismissed as not maintainable under Secon 39 of the Arbitraon Act, 1940 .

(2.) Surinder Singh (since deceased, now represented through his LRs and hereinaer refe rred to as "respondent No.1"?) was a tenant under the peoners in respect of the property in dispute. Due to certain disputes relang to possess ion and rent, several proceedings, civil, revenue, and criminal, came to be filed between the pares. It was alleged by respondent Surinder Singh that he was forcibly dispossessed by peoners herein and their father A jit Singh, but his possession was restored through Court orders, though fresh proceedings for ejectment were pending before the competent authories. Amidst these ligaons, with the intervenon of common friends a nd relaves, the pares purportedly agreed to refer all disputes to a panel of Arbitrators [respondent N: 3 to 7 before trial court] (respondents Nos.2 to 6 herein). An agreement dtd. 22/4/1992 was executed at Nakodar to this e?ect, and on the same day, the Arbitrators rendered their award.

(3.) The Arbitraon Award : The award dtd. 22/4/1992 directed that out of the total land measuring 31 kanals 8 marlas, land measuring 28 kanals 11 marlas be transferred to Surinder Singh upon payment of Rs.1.60 lakhs, and that the sale deed was to be executed by 30/11/1992. Copies of the award were supplied to both pares.