PRASENJIT MANDAL, J. - (1.) THIS application is directed against the Order dated February 21, 2012 passed by the learned Civil Judge (Senior Division), 2 nd Court, Alipore in Title Suit No.10216 of 2011 thereby dismissing the application of the defendants under Section 8 of the Arbitration and Conciliation Act, 1996.
(2.) THE plaintiffs/opposite party No.s 1 and 2 herein instituted a suit being Title Suit No.10216 of 2011 for cancellation of deed, declaration and permanent injunction against the defendant No.1/petitioner herein and other opposite parties. In that suit, the plaintiffs have contended that the defendant No.1 had violated the terms of the agreement dated October 19, 1994 for development of a specific immovable property and that in utter violation of the negative covenant, the defendant No.1 had conveyed the property in question in favour of the defendant No.s 3 to 8. The defendant No.2 is a practising solicitor and is engaged in the business of development of real estate and according to the terms, the defendant No.1 negotiated for the sale of the property in question and she represented the plaintiff that she and the defendant No.2 would take necessary steps to evict the tenants residing in the property in question and that they would float a private limited company for development of the said property and that subsequently, the defendant No.2 would join the said company on a 50:50 basis. Anyway, the agreement could not be fulfilled and the plaintiffs came to know that on May 27, 2011, that the defendant No.1 had conveyed the property in question by a deed of conveyance to the defendant No.s 3 to 8. Thereafter, the plaintiffs filed the said suit for the reliefs already stated. The defendant No.1 entered appearance in the said suit and before filing a written statement, she filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 denying the material allegations contained in the plaint. She has contended that the subject-matter of the suit is subject to the arbitration clause and as such, the suit is not maintainable and in consequence, the learned Trial Judge has no jurisdiction to entertain, try and determine the suit. So, the application was filed for the purpose already stated. The plaintiff filed a written objection to that application and upon consideration of the entire matter, the learned Trial Judge rejected the application under Section 8 of the Arbitration and Conciliation Act on contests. Being aggrieved, the defendant No.1 has filed this application.
(3.) NOW , the question is whether the impugned order should be sustained.;