BIMLA RANI GUPTA Vs. S R SACHDEVA

JUDGEMENT

(1.) . The plaintiff in the suit is the petitioner in the revision petition. The petitioner filed the suit for recovery of arrears of rent for the period from 1.1.93 to 29.2.1996. The plaint was presented in March, 1996. The respondent filed an application, purporting to be under Section 34 of the Arbitration Act, 1940, stating that there was a Rent Agreement between the petitioner and the respondent on the 3rd of November, 1992 for a period of two years and clause 14 of that document provided for adjudication of disputes by arbitration, and, therefore, the suit was liable to be stayed and disputed would have to be referred to for arbitration.

(2.) . By order dated 3.2.1997, the trial court dismissed the application holding that the agreement was only for a period of two years and that period expired on the 2nd of November, 1994, and after the expiration of that period, the respondent cannot press into service the clause 14 of the Rent Agreement. The learned Civil Judge also took the view that the clause did not cover the dispute with reference to arrears of rent.

(3.) . The respondent preferred an appeal to the lower appellate court. The lower appellate court reversed the order of the lea"ned trial Judge and allowed the ap plication of the respondent by order dated 23.8.1997. That is challenged 'by the plaintiff in this revision petition.