Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Arbitrability of the dispute relating to lease/ tenancy agreements/deeds |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Transfer of Property Act, 1882 (4 of 1882) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Arbitration Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Arbitration: Arbitrability of the dispute relating to lease/tenancy agreements/deeds when such lease is governed by theTransfer of Property Act, 1882 – Held: When the disputes arisebetween the landlord and tenant with regard to determination oflease under the TP Act, the landlord for seeking possession of theleased property in a normal circumstance is required to institute asuit in the court which has jurisdiction – However, if the parties inthe contract of lease have agreed upon the alternate mode of disputeresolution through arbitration, the landlord would be entitled toinvoke the arbitration clause and make a claim before the arbitrator– The instant case is governed by the Transfer of Property Act,petitioner-landlord while invoking the arbitration clause nominatedsole arbitrator and issued notice to the respondent-tenant –Respondent neither replied to the notice nor objected to the arbitratorproposed by the petitioner – Since dispute between the parties is tobe resolved through arbitration, the prayer made in this petition isaccepted – Petition for appointment of nominated sole arbitratorallowed – Transfer of Property Act, 1882 – ss.111, 114, 114A.Arbitration: Arbitrability of the dispute arising under the RentAct – Held: If the eviction or tenancy is governed by a special statute,namely, the Rent Act, the premises being amenable to the provisionsof the Act would also provide statutory protection against evictionand the courts specified in the Act alone will be conferredjurisdiction to order eviction or to resolve such other disputes – Insuch proceedings under special statutes, the issue to be consideredby the jurisdictional court is not merely the terms and conditionsentered into between the landlord and tenant but also other aspectssuch as the bonafide requirement, comparative hardship etc. evenif the case for eviction is made out – In such circumstance, theCourt having jurisdiction alone can advert into all these aspects asa statutory requirement and such cases are not arbitrable – RentControl Legislation. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2020 INSC 711 |
Petitioner | Suresh Shah |
Respondent | Hipad Technology India Private Limited |
SCR | [2020] 13 S.C.R. 821 |
Judgement Date | 2020-12-18 |
Case Number | 8 |
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