Mahesh Chandra ( 1 ) BY this judgment I propose to dispose of Suit No. 1123a of 1986 filed under Section 20 of the Arbitration Act, 1940 by Jagdish Prasad Chokhani with a request that an order of reference be made to the arbitrator named in the Sub-Lease Deed dated 29th May, 1971 with respect to the disputes and differences set out in paras 17 and 18 of the plaint. The defendants in this suit had absented in spite of service and as such ex parte proceedings were ordered against the defendants and ex parte evidence was ordered to be recorded and it consists of statement of Public Witness 1 Jagdish Prasad Chokhani apart from Ex. P. 1 Ex. P. 7. Ex. P. 1 is the copy of the sub-lease deed in favour of Shri M. N. Dhar in respect of Plot No. 34 Block No. B in Pomposh Enclave, New Delhi. Ex. P. 2 is the photocopy of the will left by the deceased M. N. Dhar. Ex. P. 3 is the death certificate of the said Shri Dhar. Ex. P. 4 is the copy of the letter sent by the plaintiff to the defendant for mutating the plot in the name of the plaintiff which was done by defendant No. 2 vide letter copy Ex. P. 5. Later on vide letter copy Ex. P. 6 the said mutation was suspended and rather a sum of Rs. 2,94,210. 00 was claimed as unearned increase vide Ex. P. 7. The contention of the plaintiff is that he was not liable to pay the said amount and as such this dispute has been raised. My attention has been drawn to clause VIII of the Sub-Lease Deed which reads as under : "in the event of any question, dispute or difference, arising under these presents, or in connection therewith (except as to any matters the decision of which is specially provided by these presents), the same shall be referred to the sole arbitration of the Chief Commissioner or any other person appointed by him. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease or the Sub-lease relates, or that in the course of his duties as a Government servant he has expressed views on all or any of the matters in dispute or difference. It will be no objection that the arbitrator is a Government servant, and that he has to deal with the matters to which the Lease or the Sub-lease relates, or that in the course of his duties as a Government servant he has expressed views on all or any of the matters in dispute or difference. The award of the arbitration shall be final and binding on the parties. The arbitrator may, with the consent of the parties, enlarge the time, from time to time, for making and publishing the award. Subject as aforesaid, the Arbitration Act, 1940, and the Rules there under and any modifications thereof for the time being inforce shall be deemed to apply to the arbitration proceeding under this Clause". The plaintiff has also filed his affidavit in support of his suit. ( 2 ) IN view of this ex parte evidence of the plaintiff, the suit of the plaintiff stands established and as such is decreed and the matter in dispute as detailed in paras 17 and 18 of the plaint is referred to the arbitration of the Lieutenant Governor of Delhi or any other person appointed by him to be adjudicated upon in accordance with the arbitration agreement incorporated in the Sub-Lease Deed Ex. P. 1 in the light of terms of the said sublease deed. A copy of this order be sent to the Lieutenant Governor of Delhi forthwith together with photocopy of the plaint. No order as to costs. This disposes of the suit.