ORDER :- The defendant in O.S. No. 75 of 1978, District Munsif's Court, Mayuram, who succeeded in obtaining stay of further proceedings in the suit under S.34 of the Arbitration Act, 1940 (hereinafter referred to as the Act) before the learned District Munsif of Mayuram and lost before the learned Subordinate Judge, Mayuram, is the petitioner in this civil revision petition. Certain facts which would held to appreciate the rival contentions of the parties are not in dispute. It is admitted that the petitioner and the respondent entered into a lease agreement dated 21-12-1964 under which is the respondent wants the petitioner to vacate the premises, sufficient time had to be given and a provision for the nomination of four arbitrators to decide the market value of the superstructure was also made and the value so fixed should be paid by the respondent to the petitioner. Originally, the respondent instituted O.S. No. 397 of 1975 on the file of the District Munsif's Court, Mayuram, for the recovery of possession and that suit was also decreed. However, on appeal, in A.S. No. 28 of 1977, Sub-Court Mayuram, preferred by the petitioner, the suit was dismissed Thereafter, the res