Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court
4 years, 3 months ago

Landlord-Tenant Disputes Under Transfer Of Property Act Arbitrable Except When Covered By Rent Control Laws : Supreme Court

Live Law  

In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment in Himangni Enterprises case to hold that landlord-tenant disputes are arbitrable except when they are covered by specific forum created by rent control laws. In a landmark judgment delivered on Monday, the Supreme Court overruled its 2017 judgment into hold that landlord-tenant disputes are arbitrable except when they are covered by specific forum created by rent control laws. It however clarified that landlord-tenant disputes covered and governed by rent control legislation would not be arbitrable when specific court or forum has been given exclusive jurisdiction to apply and decide special rights and obligations. However, landlord-tenant disputes covered and governed by rent control legislation would not be arbitrable when specific court or forum has been given exclusive jurisdiction to apply and decide special rights and obligations.

Supreme Court Arbitration Property Court Rights Control Transfer Supreme Act Bench Rent Matter Section 11 Subject Drt Arbitrable Transfer Of Property Act When Cause Himangni Enterprises Specific Forum Rent Control Laws Disputes Covered  supreme  transfer  rent  landlordtenant  court  arbitration  arbitrable  matter  disputes  covered  subject  rights  property  laws  act  control  dispute

History of this topic

Lease Amount Recovery Dispute Can Be Adjudicated By Arbitrator: Punjab & Haryana HC
2 years, 4 months ago

Lease Amount Recovery Dispute Can Be Adjudicated By Arbitrator: Punjab & Haryana HC

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Appointing an arbitrator in a case of non-payment of rent accruing out of a lease deed between the parties, the Punjab and Haryana High Court recently said that a dispute related to recovery of lease amount in terms of lease agreement does not fall within the exclusive jurisdiction of Rent Controller and can be adjudicated by the Arbitrator.The petitioner in …

Arbitration Cases Weekly Round-Up: June 5 To June 11, 2022
2 years, 9 months ago

Arbitration Cases Weekly Round-Up: June 5 To June 11, 2022

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Bombay High Court: A Reference To Arbitration Can Be Declined By The Court If The Dispute Is A Deadwood: Bombay High Court Case Title: D.K. Order Passed By The Arbitrator Allowing Meetings As Per Convenience Of Parties, Would Not Change The Seat Of Arbitration: Delhi High Court Case Title: M/s Sat Kartar Tour N Travels versus ONGC Ltd. Citation: 2022 …

Tenancy Matters Governed Under Transfer Of Property Act Are Arbitrable, Reiterates Supreme Court
4 years, 3 months ago

Tenancy Matters Governed Under Transfer Of Property Act Are Arbitrable, Reiterates Supreme Court

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The Supreme Court has reiterated that the lease/tenancy matters which are not governed under the special statutes but under the Transfer of Property Act are arbitrable.CJI SA Bobde led three judge bench observed thus while considering a petition under Section 11 of the Arbitration and Conciliation Act, seeking appointment of a Sole Arbitrator for resolving the. In other words, if …

The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes
4 years, 3 months ago

The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes

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A long due controversy on arbitrability of tenancy disputes has finally been put to rest by the Hon'ble Supreme Court of India. A bench comprising of Hon'ble Justice N.V. Ramana, Justice Sanjiv Khanna and Justice Krishna Murari on 14 December, 2020 in the matter of "Vidya Drolia and others v Durga Trading Corporation", has overruled the ratio laid down in …

Arbitrability Of Leases - A Needless Reference
4 years, 10 months ago

Arbitrability Of Leases - A Needless Reference

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Every dispute, whether civil or commercial, that can be decided by a court, is in principle capable of being resolved by arbitration provided that the parties to the dispute agree to such resolution by arbitration. The Supreme Court after examining the provisions of the Bombay Rent Control Act and specifically Section 28 which prescribed and prohibits the jurisdiction of certain …

Lessor/Lessee Disputes Whether Arbitrable
4 years, 11 months ago

Lessor/Lessee Disputes Whether Arbitrable

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Arbitration is a mechanism by which the parties to an agreement decides the mode and the manner by which the dispute between the parties may be adjudicated. LESSOR/LESSEE DISPUTE WHETHER ARBITRABLE In the aforesaid context, the Hon'ble Supreme Court in Booz Allen & Hamilton Inc. v. SBI Home Finance Ltd., 5 SCC 532 by way of the example enumerated several …

Transfer Of Property Act Disputes Between Landlord-Tenant Arbitrable? SC Refers To Larger Bench [Read Judgment]
6 years ago

Transfer Of Property Act Disputes Between Landlord-Tenant Arbitrable? SC Refers To Larger Bench [Read Judgment]

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The Supreme Court has referred to larger bench the correctness of its judgment in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, in which it was held that where the Transfer of Property Act, 1882 applied between landlord and tenant, disputes between the said parties would not be arbitrable. The court said: "A perusal of both the aforesaid judgments, therefore, shows that …

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]
7 years, 11 months ago

Landlord Can Pursue Eviction Proceedings On Surviving Grounds Even After Taking Possession: SC [Read Judgment]

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The landlord had approached the Rent Control Court seeking eviction of tenant under Section 11 and Section 11 of the Kerala Buildings Act, 1965. Setting aside a Kerala High Court order, the Supreme Court, in Valiyavalappil Sarojakshan vs Sumalsankar Gaikevada, has held that merely because a landlord has taken possession on the basis of an order. Setting aside a Kerala …

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]
9 years, 2 months ago

Eviction order passed under S. 5A of Public Premises (Eviction of Unauthorized Occupants) Act not appealable: Allahabad HC (FB) [Read Judgment]

Live Law  

Full Bench of Allahabad High Court in Yogesh Agarwal vs. Union of India has held that eviction order passed under Section 5A of the Public Premises Act, 1971 is not appealable. Bench comprising of the Chief Justice Hon'ble Dr Dhananjaya Yeshwant Chandrachud, Justices Manoj Kumar Gupta and Yashwant Varma held that High Court in the exercise of its. Bench comprising …

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