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Bisheshar Dayal And Anr. vs Jwala Prasad And Anr. on 1 May, 1914

Here, the lease agreement has expired by efflux of time and the dispute between the parties is not covered by the lease agreement. The landlord is seeking ejectment of the tenant and the said dispute is not covered by the agreement. Therefore, the arbitration clause in the lease agreement does not cover this dispute and learned trial court has been fully justified in declining to refer the dispute between the parties to the arbitration. The decision in Ram Dayal's case (supra) cannot come to the help of the petitioner in any way on the facts of this case. The landlord is not seeking ejectment of the petitioner treating him as trespasser. If the landlord has received any rent after institution of the suit, the consequence would be considered and adjudicated upon by the trial court.
Allahabad High Court Cites 2 - Cited by 6 - Full Document
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