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Supreme Court of India 2017-10-12 dismissed

Himangni Enterprises vs Kamaljeet Singh Ahluwalia

Bench: 2 — Abhay Manohar Sapre

In Brief

A commercial tenant in Delhi challenged a civil suit for his eviction, arguing the landlord was bound by an arbitration clause in the expired lease deed. The Supreme Court dismissed the appeal, holding that eviction disputes are non-arbitrable, regardless of whether the Delhi Rent Act applies. The Court clarified that when a special rent-control statute excludes premises, those premises remain governed by the Transfer of Property Act and triable by the Civil Court—not automatically falling under arbitration. Once a lease expires by efflux of time without renewal, subsequent disputes are not governed by the arbitration clause. The civil suit for eviction was therefore maintainable.

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Arbitration Tenant and Landlord Eviction Rent Control Arbitrability Civil Procedure

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