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

Last updated: 17 June 2022

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The Karnataka High Court has ruled that disputes between landlords and tenants, when governed by the Transfer of Property Act, 1882, are indeed arbitrable. This decision overturns a previous trial court order that had deemed such disputes non-arbitrable based on an earlier Supreme Court ruling. The High Court, referencing a later Supreme Court judgment, clarified that the Transfer of Property Act does not prohibit arbitration for these matters, unless specifically covered by rent control legislation granting exclusive jurisdiction to a particular court.

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)

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Judgement posted by

FCS Deepak Pratap Singh

Associate Vice President - Secretarial & Compliance (SBI General Insurance Co. Ltd.)

Dear Friends, MyselfFCSDeepak P. Singh ( B.Sc.. LLB, FCS. FIII, CIAFP, CRMP, ID) , A Fellow Member of ICSI, Law Graduate ,Fellow Member of Insurance Institute of India, Certified Independent Director ,Certified Insurance Anti Fraud Professional , Certified Risk Governance Professional ( ICSI-III) and cleared Limited I ... Read more

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