(
Booz Allen ), wherein it was
held that in eviction or tenancy matters which are governed by
special statues and where tenant enjoys statutory protection as a class is a matter of public interest and only the
specified court has been conferred exclusive jurisdiction to
adjudicate the same.
Later, in 2017, the issue regarding arbitrability of lease
dispute was once again re-visited by the Supreme Court in the case
of
Himangi Enterprises and after relying on the said
ratios of
Booze Allen and
Natraj Studios the
court rejected the application filed by the tenant (defendant)
under section 8 of the Arbitration and Conciliation Act, 1996
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The End Of A Saga- The Conundrum Of Arbitrability Of Landlord-Tenant Disputes livelaw.in - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from livelaw.in Daily Mail and Mail on Sunday newspapers.
Himangi
Enterprises )
2 and held that the
tenancy disputes are now arbitrable as the Transfer of Property
Act, 1882 (
TP ACT ) does not
foreclose arbitration, save and except for those tenancy disputes
which are governed by rent control legislations as specific forums
have been given exclusive jurisdiction to decide the special rights
and obligations of the parties.
3 and held
that while deciding an issue of public policy or public interest,
reference to dispute resolution mechanisms cannot be held
foreclosed.
THE JOURNEY SO FAR
Over the years, various conflicting judgments were pronounced by
various High Courts in India on the issue whether disputes arising