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2010 Supreme(J&K) 79

GH.HASNAIN MASSODI
Mohd. Ishaq Bhat – Appellant
Versus
Tariq Ahmad Sofi – Respondent


Advocates Appeared:
Advocate For Appellant: S.R. Hussain
Advocate For Respondent: Q.R. Shamas

1. Whether stranger to an arbitration agreement can be impleaded a party to an application under section 9 Jammu and Kashmir Arbitration and Conciliation Act, 1997 (for short Act) is the short controversy involved in the present revision petition.

2. First the back ground in which the revision petition is filed.

3. The petitioners case is that the father of the petitioner acquired a tenancy right in a shop (hereinafter "suit shop") measuring 23 x 9 situated at Kokerbazar, Srinagar on first baisakh 1991 svt and thereafter started business in the suit shop under the name and style of "Ghulam Rasool Joo & Co"; that after demise of petitioners father, the petitioner took over the possession of the suit shop and started the business of Sanitary fitting and electric goods in the shop. It is pleaded that the petitioner at times allowed his son the respondent No. 2 herein to run the shop, though the tenancy rights and stock in the trade continued to be with the petitioner. The respondent No. 2 according to the petitioner without any right or interest in the suit shop on 7.3.1994, executed a rent deed in respect of the suit shop in favour of one Ghulam Qadir Mir resident of Exchange road, Sri















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