Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS (COMM.) 556/25
Davinder Singh Vs. Ramesh Chander Kohli
13.05.2026
Present: Sh. Nitin Kalra, Ld. Counsel for the plaintiff.
Dr. Meenakshi Kalra through VC along with Ms.
Anjali, Ld. Counsels for the defendant.
Arguments heard at length on the application moved
by the defendant u/S. 8 of the Arbitration & Conciliation Act.
Put up for orders after lunch session.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
13.05.2026
After Lunch Session
Present : None
This order shall dispose of the application of the
defendant being moving u/O 8 of the Arbitration & Conciliation
Act, 1996 r/w. Section 151 CPC.
Vide present application, the applicant / defendant is
seeking the parties to be referred for arbitration.
Facts of the case are that the defendant was inducted
as tenant in respect of property i.e. ground floor and mazzine
floor of the property bearing no. A-45/1, G.T. Karnal Road,
Industrial Area, Delhi-110 033 measuring 1500 sq.ft. (approx), as
shown red in the site plan (herein after referred to as suit
property) vide rent agreement dated 01.12.2011. As per the
averments in the plaint, the defendant has actually defaulted in
making payment of the rent, as the present suit has been filed for
possession and recovery of arrears of rent and damages.
In the present application, the applicant / defendant
stated that clause 13 of the rent agreement dated 01.12.2011
-- 1 of 2 --
- 2 -
stipulates that in the event of differences, the dispute shall be
referred to an Arbitrator.
Considered.
The perusal of the rent agreement would reveal that
it is an unregistered document. In that situation, the tenancy will
be considered on month to month basis. The unregistered rent
agreement cannot be received in evidence except for collateral
purposes. The referring of the parties to the Arbitrator is not a
collateral purpose, rather it is the terms and condition of the rent
agreement, which cannot be acted upon for referring the parties
to arbitration.
Further the Hon’ble Supreme Court in the judgment
cited as
Sevoke Properties Ltd. Vs. West Bengal State Electricity
Distribution Company Ltd. Civil Appeal No. 3873 of 2019,
decided on 11.04.2019 has held as under :
13 In terms of the provisions of Section 107, a lease of
immovable property for a term exceeding one year can
only be made by a registered instrument. Admittedly, in the
present case, the indenture of lease has not been registered.
In consequence, the contents of the indenture would be
inadmissible in evidence for the purpose of determining the
terms of the contract between the parties. This is the plain
consequence of the provisions of Sections 17 and 49 of the
Registration Act 1908 6. The only purpose for which the
lease can be looked at is for assessing the nature and
character of the possession of the respondent.
In the given circumstances, the application is not
maintainable. Same is dismissed.
Put up for further case management on 19.08.2026.
(JAGDISH KUMAR)
District Judge, Comm. Court-01
North, Rohini Courts, Delhi
13.05.2026
-- 2 of 2 --