Judgment

D.P. Wadhwa, J.-This appeal is directed against the judgment dated February 26, 1991 of a learned single Judge of the Rajasthan High Court dismissing the appeal of the appellant filed under Section 39 of the Arbitration Act, 1940 (for short the ‘Act’). District Judge, Jaipur, by his judgment on a petition filed by the first respondent against the appellant herein and respondents 2 and 3, under Section 20 of the Act, had directed that disputes arising out of the sale agree­ment dated February 28, 1992, which contained an arbitration clause, be referred to arbitration. Appellant had opposed the petition saying that he was not a party to the sale agreement and as such he could not have been entered into any arbitration agreement to submit any dis­pute under the sale agreement to arbitration. His contention was not accepted by the District Judge. High Court by the impugned judgment also refused to interfere. Aggrieved the appellant has come to this Court.

2. To understand the controversy between the parties it is necessary to refer to a few facts.

An agreement to sell certain property was entered into between the first respondent as purchaser and respondents 2 and 3 as vendors. I