ARJUN DEV CHANDRA Vs. GURUNANK PUBALIC WELFARE TRUST

JUDGEMENT

(1.) Challenge in the revision petition under Article 227 of the Constitution of India is to order dtd. 30/8/2017 (Annexure P-2), passed by the learned Civil Judge (Junior Division), Jalandhar, dismissing the application filed by the petitioners under Sec. 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for referring the parties to arbitration as per registered lease deed dtd. 12/12/1973 (Annexure P-5) as also order dtd. 26/3/2018 (Annexure P-1), whereby the review filed by the petitioners against the said order was also dismissed.

(2.) Brief facts of the case, leading to the filing of the present revision petition are that a civil suit was filed by respondent No.1 for permanent injunction for restraining the petitioners-defendants, their agents, nominees, attorneys, assignees, heirs, relatives, friends and employees etc. from causing any kind of damage/demolition and/or raising any kind of construction/reconstruction in the tenanted premises known as "Friends Theatre", constructed over the land measuring 7 kanals 11 marlas comprising in Khasra No.4421/2, situated at Old Post Office Road, Opposite Roxy Hotel, Jalandhar City, Punjab. As shown Red in the site plan attached and bounded as under:- East - Old Post Office Road. West - Property of others. North - Old DC Courts. South - Property of others & road.

(3.) A perusal of the civil suit filed reveals that in Para No.7 of the plaint, it was mentioned that the lessees had agreed to take on lease the plot of land in question for a period of 99 years on the terms and conditions contained in the lease deed and had further undertaken to complete a Cinema Hall and to raise construction thereon according to the plans already sanctioned or to be sanctioned by the Municipal Committee and it was further agreed between the parties that immediately on execution of lease deed or as soon as possible, the lessees would commence and complete, with all possible expedition, a Cinema Hall or other buildings and structures on the demised land according to and in conformity with the plans sanctioned already by the Municipal Committee and other competent authorities so that such buildings and structures were ready for use within a period of one year. In paragraph No.9 of the plaint, it is mentioned that the petitioners-defendants in utter violation of the terms and conditions of the lease deed dtd. 12/12/1973 (P-5) had started demolishing the building of cinema hall known as "Friends Theatre" without the consent or permission of the respondents-plaintiffs and other co-owners, for which the petitioners-defendants had no right, title or interest. The respondents-plaintiffs reproduced all the clauses, i.e. Clause Nos.1 to 12, of the lease deed dtd. 12/12/1973 (P-5) in the plaint itself including the clause providing for arbitration in case of any dispute between the parties arising out of the implementation of the lease deed.