RAJINDER SINGH Vs. INDU RATTAN

JUDGEMENT

(1.) The short issue raised in the present petition filed under Section 11(6) of the Jammu and Kashmir Arbitration and Conciliation Act, 1997 ( for brevity 'the Act') is whether there is any dispute between the parties as per the arbitration clause incorporated in the lease deed dated 07.04.2008.

(2.) Facts in brief are that the petitioner is in possession of land measuring 880 sft. comprising Khasra No.70 min and the Nazool Department accorded sanction for regularisation of the nazool land on lease basis on 06.04.1994 for a period of 40 years on payment of premium of Rs.8,50,000/- per kanal. Thereafter ownership rights have been conferred upon him on deposit of the premium (Annexure-A). The petitioner entered into a partnership deed with the respondents and started business of sale and purchase of medicines under the name and style of M/S Gopal Medicine Store. The partnership was dissolved by a dissolution deed dated 03.04.2008. Subsequently a deed of settlement was executed between the petitioner and the respondents stipulating that the petitioner would be owner of the half portion of the shop towards Maheshpura Chowk and half of the portion towards medical college was to fall to the share of the respondents. The respondents took the shop of the petitioner on lease for a period of five years and executed a lease deed dated 07.04.2008.

(3.) In the objections filed by the respondents a preliminary objection has been raised that a suit for permanent prohibitory injunction has already been filed by the respondents against the petitioner, which is pending in the Court of Sub-Judge, Jammu.