PRATEEK JALAN, J.

Cav 536/2019

Learned counsel enters appears on behalf of the caveator, the caveat stands discharged.

FAO 211/2019 & CM APPL. 23616-23618/2019

The present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“The Act”) is directed against the judgment of the Additional District Judge-03, (West) Tis Hazari Court, Delhi dated 26.02.2019, dismissing the appellant’s petition under Section 34 of the Act. The appellant had sought setting aside of an award passed by a sole arbitrator dated 02.08.2018, awarding possession of the suit property and rent/occupation charges in favour of the respondent herein.

2. The arbitration proceedings emanated from a lease agreement dated 15.07.2013 whereby the respondent had leased the suit property (second floor of house no. 50 Avtar Enclave, Paschim Vihar, New Delhi) to the appellant. The monthly rent was Rs.22,000/- per month, and the initial tenure of the agreement was 11 months, which came to a close on 30.06.2014.

3. The respondent’s claim for possession and rent/occupation charges, was resisted by the appellant, inter alia, on the ground that the parties had entered into an agreement for sale dated 02.03.2016