PRADEEP SAINI Vs. SHEELA ARORA

JUDGEMENT

(1.) This first appeal is filed under Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act') impugning the judgment of the court below dated 25.3.2013 which had dismissed the objections filed by the appellant/objector under Section 34 of the Act. The Award of the arbitrator dated 1.12.2011 decreed the petition filed by the respondent/claimant/landlord for possession and mesne profits.

(2.) There is no dispute that the appellant is a tenant. The dispute was as to what is the rate of rent. Whereas the appellant contends that the rent was only Rs. 2,000/- per month; the respondent-landlord pleaded that the rate of rent was Rs. 4,500/- pm initially, and which was subsequently increased to Rs. 6,500/- p.m. This issue is relevant inasmuch if the rent is less than Rs.3,500/- p.m., then a civil court or the arbitrator will not have jurisdiction and jurisdiction as regards eviction of tenant would have to be of the Rent Controller under the Delhi Rent Control Act, 1958.

(3.) The arbitrator in his detailed Award has given the following findings: