Disputes between landlord & tenant governed by Transfer of Property Act, 1882 are arbitrable in nature


Last updated: 17 June 2022

Court :
Karnataka High Court

Brief :
As you are aware Arbitration is one of the best Alternate Disputes Resolution process, which saves time, money and energy of the parties. The Transfer of Property Act, 1882 no where prohibits deciding of cases through arbitration. But landlord-tenant disputes covered and government by rent control legislation would not be arbitrable when specific court or forum has been given exclusive jurisdiction to apply and decide special right and obligations. Such rights are obligations can only be adjudicated and enforced by the specified court/forum, and not through arbitration."

Citation :
WRIT PETITION NO.1305 OF 2022 (GM-CPC)

You have reached daily limit of 2 Free Judgements. To view this or other Judgements please subscribe to CCI PRO :

GST Plus

Stay updated! Stay ads free

Browse CAclubindia ads free.
Latest updates on WA.
Daily E-Newsletter and much more.

CCI PRO annual subscription :

Original Price : INR 2999/-

Offer Price : INR 1999/-

Duration : 1 year
(Prices Inclusive of GST)


Know More

Note: If you are a PRO member already, please click here to login (for ad free experience)
 

CCI Pro

Comments

CAclubindia's WhatsApp Groups Link


CCI Pro
Meet our CAclubindia PRO Members


Follow us