JUSTICE SHIV NARAYAN DHINGRA

1. The petitioner is aggrieved by an order dated 31st May, 2007 whereby an application made by the petitioner for referring the subject matter of suit to the arbitration was declined by the learned Trial Court.

2. The respondent filed a suit for recovery of possession of the premises in dispute along with mesne profits. The premises were let out to the petitioner in May, 1975 and again by an agreement on 16th August, 1978. This agreement was for a period of 2 years. Thereafter, the premises remained under tenancy of the petitioner without any written agreement. The terms of oral tenancy also kept on changing and a new oral month-to-month tenancy came into existence on 1st January, 2005. There was an arbitration clause in the lease agreement dated 16th August, 1978. The respondent/landlord filed this suit for possession on the basis of termination of tenancy by a notice

dated 30th August, 2006. The petitioner filed an application that the matter should be referred to arbitration. This application was dismissed by the Trial Court holding that the terms of tenancy got changed between the parties by oral agreement and the defendant cannot rely upo