In
Shriram Transport Finance Co. Ltd.'s case (supra) it was a loan
agreement. The rights and liabilities persisted under such
agreements even after termination of the agreement.
Here, the lease agreement has expired by efflux of time
and the dispute between the parties is not covered by the lease
agreement. The landlord is seeking ejectment of the tenant and the
said dispute is not covered by the agreement. Therefore, the
arbitration clause in the lease agreement does not cover this
dispute and learned trial court has been fully justified in declining to
refer the dispute between the parties to the arbitration. The
decision in Ram Dayal's case (supra) cannot come to the help of
the petitioner in any way on the facts of this case. The landlord is
not seeking ejectment of the petitioner treating him as trespasser. If
the landlord has received any rent after institution of the suit, the
consequence would be considered and adjudicated upon by the
trial court.