JUDGMENT

Per: Hon’ble Ravindra Maithani, J.

Present appeal is preferred against the judgment and order dated 28.09.2007, passed in Misc. (Arbitration) Case No. 28 of 2005, Smt. Madhav Nayan Vs. Commissioner, by the court of District Judge, Tehri Garhwal (for short “the case”). The impugned judgment and order has been passed on an application filed by the respondent under Section 34 of the Arbitration and Conciliation Act, 1996 (for short, “the Act”) for setting aside the arbitral award dated 23.04.2005, passed by the sole Arbitrator. By the impugned judgment and order, the arbitral award has been set aside.

2. Facts necessary for the disposal of instant appeal, briefly stated, are as hereunder:-

On 31.12.1966, Kamal Nayan and Parshu Ram were granted lease in Plot No.44 Section No.3, below Motor Road Village Khuret, total area 77 nali and 14 muthi (land in question) for the purposes of developing an orchard by planting fruit bearing trees. The lease deed was also executed. Both the lessees are dead. Respondent Madhav Nayan is son of the original lessee Kamal Nayan.

On 19.09.1996, the respondent executed a Power of Attorney with respect to the land in dispute in favour of Rahul Sondhi. It