JASBIR SINGH MANN Vs. ANA CIDALIZA COLUMNA OHRI
LAWS(P&H)-2008-4-22
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 08,2008

Jasbir Singh Mann Appellant
VERSUS
Ana Cidaliza Columna Ohri Respondents

JUDGEMENT

RANJIT SINGH, J. - (1.) This order will dispose of two Civil Revision Nos.2227 of 2007 (Dr.Jasbir Singh Mann v. Mrs.Ana Cidaliza Columna Ohri and others) and 3592 of 2007 (Dr.Jasbir Singh Mann v. Mrs.Ana Cidaliza Columna Ohri and others). The facts are being taken from Civil Revision No. 2227 of 2007.
(2.) PRAYER made in the present revision petition is for settingaside the order dated 20.3.2007 passed by Rent Controller, Jalandhar. Through the impugned order, the Rent Controller has rejected the prayer for referring the dispute to the arbitrator. Respondent No. 1-Mrs. Ana Cidaliza Columna Ohri rented out the demised premises to petitioner Dr. Jasbir Singh Mann for a period of five years in terms of the registered lease deed dated 20.3.2006. Clause 29 of the lease deed provides as under:- "That the lessee agrees not to involve any third party in respect of any grievance against the lessors or in respect of any dispute concerning the tenancy and any such grievances/disputes shall be resolved through mutual discussion only. However, if the parties are unable to resolve the dispute amicably the same shall be referred for arbitration to Shri Inderjit Singh Bhatia, Advocate."
(3.) AN application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "Rent Act") was filed by respondent No. 1 before the Rent Controller, Jalandhar. Relying upon Clause 29 of the lease deed, the petitioner moved an application for referring the dispute to the arbitrator as nominated in the abovenoted Clause of lease deed. In the petition, ejectment of the petitioner is sought on the ground of non-payment of rent since 1.7.2006, impairing the value and utility of the tenanted premises, sub- letting of the various portions without the consent of the applicants etc.;


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