1. This revision is filed under S. 115 C. P. C. against the order dated 16-3-2002 passed on I. A. No. 2 in O. S. No. 118/98 on the file of the Addl. Civil Judge (Sr. Dn.), Udupi dismissing I. A. No.2 filed by the petitioner herein under S. 8 of the Arbitration and Conciliation Act, 1996 requesting the Court to refer the dispute between the parties to arbitration and stay the suit proceedings.

2. The plaintiff - respondent filed the suit for delivery of possession of the plaint property on the ground of expiry of the lease period. The plaintiff respondent contended in the suit that immediately on the expiry of the lease period, the plaintiff got issued a notice calling upon the petitioner to hand over possession of the property. The petitioner defendant sent reply notice on 20-3-1998 refusing to hand over possession of the premises. The respondent plaintiff decided to invoke the provisions of arbitration clause contained in the lease deed and as per the amended provision of Arbitration Act, 1996 notified the appellant by registered letter dated 9-4-1998 expressing that the matter should be referred to an Arbitrator for determination. The defendant took up a stand that the plaintiff