dated 28.7.2004 in respect of premises situated in Mohalla Taksalian, Sultanpur Lodhi District Kapurthala. The defendants in that suit now petitioners filed an application under Section 8 of the Act for referring the dispute to the arbitrator. It is alleged that there is an agreement dated 28.7.2004 between the parties and according to clause vii(f) of that agreement if any dispute arose between the parties, in that case, the matter is to be referred to the arbitrator. The said application has been declined on the ground that the eviction order has been passed in which no application under Section 8 of the Act was filed. However, it is submitted that in view of authority Jasbir Singh Mann vs. Ana Cidalize Columna Ohri and others reported in 2009(2) R.C.R. (Civil) 940 it has been held by this Court that matter in respect of eviction cannot be referred to the arbitrator. It is further contended that even if the agreement between the parties has been terminated in spite of that matter has to be referred to the arbitrator in view of authority Bharat Sewa Sansthan vs. U.P. Electronics Corporation Limited reported in 2008(1) Mh.L.J. 555 equivalent to 2007(4) R.C.R.(Civil) 98. So, it is submitted that the trial Court has wrongly dismissed the application under Section 8 of the Act and prayer has been made for appointment of arbitrator as per clause vii(f) of the Agreement.
