In Brief
The Supreme Court examined whether disputes between a landlord and tenant under the Transfer of Property Act, 1882 are arbitrable. A tenant failed to vacate commercial premises after a lease expired, and the landlord invoked arbitration. The tenant challenged arbitrability based on the Court's decision in Himangni Enterprises, which had held such disputes non-arbitrable. The Court found the Transfer of Property Act silent on arbitrability and doubted Himangni Enterprises as incorrectly conflating property transfer with arbitration exclusion. The Court held that unless a statute expressly or by necessary implication excludes arbitration, landlord-tenant disputes are arbitrable. The case was referred to a three-Judge Bench for authoritative reconsideration of the law.
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