- (1.) The challenge in this revision is to the order whereby the matter has been referred to the Arbitrator as per order dated 18/11/2000 passed by the learned Additional Civil Judge (Senior division) Kharar.
(2.) The factual matrix of the case is that Mukta Sharma plaintiff-petitioner (hereinafter referred to as "the plaintiff') filed the suit for possession after ejectment of the defendants -respondents (hereinafter referred to as 'the defendants') from the tenanted premises and for recovery of Rs. 25,000.00 per month for the ground floor and Rs. 10,000.00 for the basement, in all Rs. 35,000.00 for the illegal use and occupation of premises from July, 1998 till delivery of possession thereof. Interest at the rate of 12 per cent per annum has also been claimed on the amount.
(3.) The facts not disputed are that the defendants were inducted as tenants in the demised premises and an agreement to this effect was executed on 9-12-1989. Initially, it was given on rent at the rate of Rs. 7475- per month with an escalting clause of enhancement of rent at the rate of 15% after every five years. One of the clauses of the agreement deed related to referring the disputes to the sole arbitrator and that the award given by the arbitrator will be final and binding upon the parties.;