( 1 ) THE appellant (defendant) has been assailing the order dated 31. 1. 1996 passed by the learned Additional District Judge, Delhi in Suit No. 31/95 rejecting the application under Section 34 of the Arbitration Act (hereinafter REFERRED TO to as `the Act ) for the stay of further proceedings in the suit.

( 2 ) THE facts leading to the present appeal, shortly stated are that the respondent (plaintiff) filed the suit claiming to be the landlord/owner of the premises bearing Flat No. 207, admeasuring 740 sq. ft. in the building known as Surya Kiran at 19 Kasturba Gandhi Marge, New Delhi, alleging that the said property was given on rent to the appellant/defendant at a monthly rent of Rs. 7,400. 00 for a period of four years, vide Rent Note dated 1. 1. 1980; that thereafter, the defendant had been enhancing the rent unilaterally and the plaintiff had been accepting the same and that finally the rent was increased to Rs. 9,849. 40 w. e. f. 1. 11. 1990 that the enhancement of the rent by the defendant was not agreed to by the plaintiff, who never wanted the defendant to continue the tenancy after 30. 11. 1994; that the plaintiff terminated the tenancy of the defendant