Friday, August 19, 2011

Arbitration


Arbitration—Lease deed containing arbitration agreement not registered—Appellant seeking arbitration for recovery of amounts spent by it in regard to the estates on the assumption that it was entitled to purchase the property or at least have a lease of 30 years—Held, if this claim is treated as a claim for damages for breach in not granting the lease for 30 years then it would be for enforcement of the terms of the lease deed which is impermissible under section 49 of the Registration Act—If it is treated as claim de hors the lease deed then the arbitrator may not have jurisdiction to decide the dispute as the arbitration agreement (clause 35) is available only to settle any dispute or difference arising between the parties in relation to or in any manner touching upon the lease deed and not in regard to disputes in general—Registration Act, 1908, Sections 17 and 49.

No comments:

Post a Comment