( 1 ) NARAIN Dass and his mother Sm. Jassi Devihave moved an application u/s 20 of the Arbitration Act in the court of Shri Jagdish Chandra. Additional Distt. Judge, Delhi seeking reference to arbitration of the dispute, arising between them and Khushal Chand Chandana, respondent No. 1, under an agreement of sale dated 8. 9. 1979 pertaining to quarter No. A-32 Outram Lines, Delhi, as also plot No. 301, Dr. Mukherji Nagar, Delhi. It was stated that the price settled was Rs. 45. 500. 00 out of which Rs. 5,000. 00 were paid to Khushal Chand Chandana. The latter was to obtain permission for that sale from the L. and D. 0. New Delhi, and Municipal Corporation and within a month thereof to execute the sale-deed. The L. and D. 0. required Khushal Chand by its letter dated 5. 1. 1980 to pay the unearned increase of Rs. 3,125. 00 and thereafter the permission could be granted.

( 2 ) HOWEVER, in the meanwhile, because of rise in the prices of the properties, and with ulterior motive to avoid sale in their favour, it was next alleged in the petition, a sale-deed was actually executed by Khushal Chand in favour of Jiwan Dass Rawal, respondent No. 2, for more than Rs. 60. 000. 00. t