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2006 Supreme(All) 2984

RAKESH TIWARI
Union of India – Appellant
Versus
Jagdish Kaur – Respondent


Advocates Appeared:
K. C. Sinha (Asst. Solicitor General of India) for Petitioners; K. K. Arora, for Respondent.

ORDER :- The petitioners have challenged the validity and correctness of judgments and orders dated 11-8-2005 and 13-2-2006 (appended as Annexures 7 and 9 respectively to the writ petition) passed by Judge, Small Causes Court, Meerut and Additional District Judge, Court No. 5 Meerut respectively.

2. Facts of the case, as have been disclosed in the writ petition, are that registered Rent lease/agreement dated 20-1-2000 regarding premises No. 212 Arvindpuri, Meerut was executed between the petitioners and the predecessor-in-interest of the respondent-landlady for a period of five years and onwards commencing from 1-7-1999 to run the Post Office on a monthly rent of Rs. 1250/-.

3. As per clauses 2, 14 and 15 of the agreement dated 20-1-2000, tenancy of the petitioners was to continue even after expiry of initial period of five years for future period on yearly basis and in the event of any dispute concerning the subject-matter and agreement, the matter was to be referred to an Arbitrator appointed by Government of India for decision under the provisions of Arbitration Act, 1940.

4. It is claimed that the petitioners received notice dated 21-4-2004 from Smt. Jagdish Kaur, widow of late Sa



































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