JUDGMENT

Ajay Tewari, J —Cm No.24991-CII of 2017

For the reasons recorded, the application is allowed. Delay of 20 days in re-filing the appeal is condoned.

FAO No.7572 of 2017

2. This appeal has been filed against the order of the Additional District Judge, Amritsar declining an application under Section 34 of the Arbitration and Conciliation Act, 1996 (for short 'the Act').

3. The respondent No.1 had leased out a 102 kls 18 mls. of land falling in khasra No.362, 374 and 382 at Putlighar, Amritsar to the appellant on long term lease. Clause 4 of the lease agreement was in the following term :-

"4. that the lease shall be deemed to have commenced from 01.04.1974 and shall continue so long it is not altered by the parties by mutual consent provided that on expiry of every 10 years the rent will be subject to re-assessment between the parties. In case of dis-agreement between the parties, revision in rent either side shall be referred to a mutually agreed sole arbitrator whose decision in the matter shall be final."

4. After the due date the respondent No.1 sought enhancement in the rent on the ground that the house tax had increased and some fire tax has also been imposed and the inc