2010 (2) TMI 1293 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the arbitration clause in the expired lease agreement.
2. Existence of landlord-tenant relationship and entitlement to possession based on admissions.

Summary:

1. Validity of the Arbitration Clause in the Expired Lease Agreement:
The appellant filed an application u/s 8 of the Arbitration Act to refer the matter to arbitration based on an arbitration clause in the lease agreement dated 16.08.1978. The trial court dismissed this application, holding that the terms of tenancy had changed through an oral agreement, rendering the arbitration clause inapplicable. The High Court upheld this decision, stating that the unregistered lease agreement expired in 1980 and any subsequent tenancy was oral and month-to-month. The Court emphasized that an arbitration clause in an expired and unregistered lease agreement cannot be invoked. The Supreme Court dismissed the Special Leave Petition against this order.

2. Existence of Landlord-Tenant Relationship and Entitlement to Possession Based on Admissions:
The respondent filed an application u/s Order XII Rule 6 CPC for a decree of possession based on admissions made by the appellant. The trial court granted the decree, noting clear admissions by the appellant regarding the landlord-tenant relationship, the absence of a registered lease deed, the rent amount, and the service of a notice to quit. The appellant contended that the relationship was business-related, not a simple tenancy. However, the High Court found that the appellant had admitted to paying a consolidated rent of Rs. 15,000 per month and acknowledged the notice to quit. The Court held that these admissions justified a decree for possession, leaving the issue of mesne profits for trial. The Court also noted that admissions need not be explicit and can be inferred from documents and pleadings. The appeal was dismissed, affirming the trial court's decision and emphasizing the need to prevent misuse of the judicial process by protracting litigation.

Conclusion:
The High Court dismissed the appeal, affirming the trial court's decree for possession based on clear admissions by the appellant, and rejected the applicability of the arbitration clause from the expired lease agreement.