( 1 ) THIS is an application under Sections 10 and 151, C. P. C. for stay of an application taken out by the respondent under Section 33, Arbitration Act. The facts of this case are shortly as follows : the petitioner Indrajit Sinha alleges that there was an agreement between the parties dated 31st March, 1978 whereby the respondent Rathi became a licensee in respect of one room located on the eastern side of the top floor of premises No. 7/1, Lord Sinha Road. The agreement contains certain terms and conditions and Clause 5 of the alleged agreement contains an arbitration clause whereby the parties agreed to refer all the disputes arising out of the said agreement to the sole arbitration of Mr. R. L. Gaggar, Solicitor. This particular agreement also contains one clause, i. e. Clause 3, whereby Rathi is alleged to have agreed to vacate the portion of the room as and when desired by Indrajit Sinha calling upon him to vacate the same either verbally or in writing. Clause 3 of the alleged agreement dated 31st March, 1978 also contains that this clause regarding vacating the premises when called upon to do so by Indrajit Sinha would be applicable to the agreements