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The End Of A Saga - The Conundrum Of Arbitrability Of Landlord-Tenant Disputes - Litigation, Mediation & Arbitration


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 ....

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


Justices Sanjiv Khanna and
in rem but pertain to subordinate rights
in personam that arise from rights in rem.
It further held that an award passed in such disputes can be executed and enforced like a decree of the civil court.

Such actions normally would not affect third-party rights or have erga omnes affect or require centralized adjudication. An award passed deciding landlord-tenant disputes can be executed and enforced like a decree of the civil court. Landlord-tenant disputes do not relate to inalienable and sovereign functions of the State. The provisions of the Transfer of Property Act do not expressly or by necessary implication bar arbitration. Transfer of Property Act, like all other Acts, has a public purpose, that is, to regulate landlord-tenant relationships and the arbitrator would be bound by the provisions, including provisions which ensure and protect the tenants, the judgment authored by Justice Khanna observed. ....

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