PT RUDDAR DATT Vs. KEWAL KRISHEN

JUDGEMENT

(1.) THE question to be determined in this revision lies within a narrow compass and turns upon the provisions of the reference dated 30 -7 -1973.

(2.) THE petitioner rented out .his shop situated at Katra to one, Krishen Dutt -respondent No. 2 herein. Krishen Dutt used the shop for carrying on business in partnership with one, Shri Kewal Krishen -respondent No. 1 herein. The partnership between them came to an end at the end of the month of Sawan, 2029. Respondent No. 2 retired from the partnership. The shop however continued to be in the sole occupation of respondent No. 1. The petitioner demanded back the possession from him. He refused. This gave rise to a dispute between the petitioner on one side and respondents on the other. On 30 -7 -1973, they agreed to refer the dispute for arbitration. The reference provides as under : -

(3.) THE arbitrators issued an award with the agreement of the parties. The award provided that respondent No. 1 shall deliver back the possession of the shop to the petitioner on 14th Sawan 2031. The petitioner shall be entitled to receive a sum of Rs. 3;000/ - by way of rent, out of which respondent No. 1 shall pay Rs. 2100 - and respondent No. 2 Rs. 900 -. The arbitrators filed the award in the court of Sub Judge, Reasi under section 14 of the Arbitration Act. The court .gave notice to the parties of the filing of the award. The petitioner and respondent No. 2 filed separate petitions expressing their willingness to abide by the award and prayed that the same be made a rule of the court and a decree passed accordingly. Respondent No. 1, however, presented a petition of objections to the court asking that the award should be set aside. The parties went to trial on two issues ; (1) Whether the award had been filed beyond the period of limitation ; and (2) whether the award was invalid in view of the provisions of the Houses and shops Rent Control Act, 1966. The learned Sub Judge dismissed the ground covered by issue No. 1 as not pressed. As regard the ground covered by issue N. 2 he held in favour of respondent No. 1 and set aside the award. An appeal was made to the District Judge Udhampur who confirmed the decision. Both the courts have held that the reference to arbitration at any rate, the arbitrators award is not based on any one or more of the grounds for eviction set out in section 11 of the J&K Houses and Shops Rent Control Act and, as such, no decree for eviction based on the award can be passed by the court even if the award has been passed with the consent of the parties.