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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 property owner filed a civil suit against a tenant for eviction and recovery of arrears of rent. The tenant, relying on an arbitration clause in the lease deed, sought to refer the dispute to arbitration under the Arbitration and Conciliation Act. The Supreme Court upheld the dismissal of this application, holding that eviction and rent disputes are non-arbitrable matters falling within the exclusive jurisdiction of civil courts. Where premises fall outside the Delhi Rent Act, rights are governed by the Transfer of Property Act and disputes remain triable by civil courts, not arbitrators.

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Arbitration Rent and Eviction Tenancy Law Non-arbitrable Disputes Delhi Rent Act

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