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1981 Supreme(Del) 156

D.K.KAPUR
ORIENTAL BUILDING AND FURNISHING COMPANY LIMITED,NEW DELHI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
ARUN MOHAN, P.K.Jaitely

D. K. KAPUR

( 1 ) THE petition under S. 20 of the Arbitration Act, 1940, before the Court has given rise to some important question of law. There is a clash in the instant case between the provisions of the Arbitration Act, 1940, and the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. I have considered the question whether the case should not be referred to a large Bench, but in view of the fact that a right of appeal would be lost to the parties by this procedure, I have preferred to give my own decision on the points which have arisen.

( 2 ) THE facts of the case are that an area of 2,743 sq. yards belonging to the Northern Railway, i. e. the land being Railway land was leased out to the petitioner on 9th May, 1969. An amount of Rs. 30,611. 88 has been paid as rent yearly for this plot. The land used is for stacking or storing materials and for parking vehicles. The period of the lease was for ten years and according to the petitioner, the period commenced on 1st January, 1963, which means that the lease was made long after the term actually commenced. According to the petitioner, the period of ten years was automatically to be extended for anothe






























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