Rakesh Kumar Jain, J. - (1.) THE petitioner has challenged order dated 14.01.2004 passed by the District Judge, Kurukshetra, reversing the order passed by the Trial Court on 10.09.2003.
(2.) THE brief facts of the case are that one Krishan Lal (since deceased) was the tenant of the petitioner. There was a litigation between the parties regarding ejectment on the ground of non -payment of arrears of rent etc. In order to settle the dispute, one Ashok Kumar Sabharwal was appointed as an Arbitrator vide order dated 14.01.1994. The Arbitrator gave his award on 01.03.1994 which was sought to be made rule of the Court. The petitioner filed objection against the award on the ground of want of jurisdiction, mis -conduct and failure to give opportunity. It was also alleged that the award had become infructuous because of execution of rent note dated 10.07.1994 executed by Kasturi Lal S/o Krishan Lal in favour of the petitioner. In reply to the execution, it was alleged by respondent no.1 that the award has rightly been made by the Arbitrator in the presence of the parties and, therefore, a rent note dated 10.07.1994 was executed. On the pleadings of the parties, following issues were framed by the Trial Court: - "1. Whether the award is without jurisdiction as arbitrator gave the award beyond terms of reference? OPD. 2. Whether arbitrator misconducted proceedings and attached a wrong site plan which was not existing? OPO. 3. Whether award is time barred? OPO.
(3.) WHETHER the objector is estopped by its own act and conduct from filing this petition? OPR.;