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1986 Supreme(J&K) 92

A.S.ANAND
Union Of India – Appellant
Versus
Bansi Lal Cherwoo – Respondent


Advocates Appeared:
Advocate For Appellant: A.M. Mir
Advocate For Respondent: Z.A. Shah
Advocate For Respondent: R.C. Bhat

1 This Civil 1st. Appeal is directed against the judgment and decree passed by the learned Sub Judge (CJM), Srinagar, dated 30-6-1982 decreeing the suit of the plaintiff respondent. The short facts necessary for the disposal of this appeal may first be noticed:

2 The plaintiff respondent is the owner of a building known as "Cheroo Building" situate at Karan Nagar, Srinagar. The building was leased out to the Union of India, defendant No. l through the Director, Small Industries, Services, defendant No. 2. Lease deed dated i5-7-19-4 was executed and subsequently renewed on i5-7-1965. The monthly rental fixed was Rs. 330/-. The plaintiff later on invoked the arbitration clause in the lease deed for seeking enhancement of rent and sought the appointment of an arbitrator through an arbitration application filed in the High Court. An Arbitrator was accordingly appointed who gave his Award in favour of the landlord and enhanced the rent to Rs. 800/- per month. The award was remitted to the

High court for being made a rule of the court, where it was resisted by the defendants on various grounds including the one that there was no legal and valid agreement in existence between the parties




















































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