Mahinder Narain, J.

( 1 ) THIS petition under Section 20 of the Arbitration Act has been filed for the purpose of enforcement of the agreement to sell dated 8-10-1989, executed the parties to the suit whereby the respondent is alleged to have agreed to sell plot bearing No. 0-11/41, Lajpat Nagar, New Delhi, to the petitioner.

( 2 ) IT is stated in this petition that in the said agreement there is an arbitration agreement between the parties. The clause relating to arbitration is in the following terms :

"that in the eventuality of any dispute in between the parties, on any matter concerning this agreement, or any matter incidental thereto, the same shall be referred to an Arbitrator appointed mutually, as per the Indian Arbitration Act, in force and the award of the Arbitrators so appointed, shall be final and binding on between the partics thereto. "

( 3 ) I had put io Mr. R. K. Makhija, learned counsel for the petitioner, at the time when the matter came up for admission on 9-8-1990, that in view of the fact that the arbitration would ultimately result in specific performance of the alleged agreement to sell between the parties, whether it is permissible in law to refer the alleged

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