- (1.) Plaintiff has filed this revision petition under Article 227 of the Constitution of India assailing order dated 11.05.2012 (Annexure P-8), passed by learned Additional Civil Judge (Senior Division), Gurgaon, thereby allowing application (Annexure P-4) moved by defendant respondent under Section 8 of the Arbitration and Conciliation Act, 1996 (in short - the Act) and thereby, referring the parties to the Arbitrator as per arbitration clause contained in lease deed dated 12.11.2009 (Annexure P-1). It is undisputed that the plaintiff took the suit property on rent from defendant vide lease deed dated 12.11.2009 (Annexure P-1) for the period from 12.11.2009 till 11.10.2010. The plaintiff has filed suit on 23.04.2012 for permanent injunction to protect his possession over the demised property.
(2.) Defendant-respondent moved application (Annexure P-4) under Section 8 of the Act alleging that in view of arbitration clause no. 30, contained in the lease deed, the dispute has to be decided by the Arbitrator. Plaintiff-petitioner, by filing reply (Annexure P-5), opposed the aforesaid application. It was pleaded that after expiry of lease period on 11.10.2010 under the lease deed, the tenancy was orally renewed from time to time and the defendant-respondent had been receiving rent. It was also pleaded that since lease period under the lease deed had expired, the arbitration clause contained in the lease deed ceased to be operative.
(3.) Learned trial court, vide impugned order (Annexure P-8), allowed the defendant's application. Feeling aggrieved, plaintiff has filed this revision petition.;