Supreme Court of India · 2019-02-28
Vidya Drolia vs Durga Trading Corporation
- Citation / case number
- AIR 2019 SUPREME COURT 3498
- Court
- Supreme Court of India
- Petitioner
- Vidya Drolia
- Respondent
- Durga Trading Corporation
- Author
- R.F. Nariman
- Bench
- Vineet Saran, R.F. Nariman
Judgment text excerpt
The Supreme Court held that disputes between landlords and tenants governed by the Transfer of Property Act, 1882 are not arbitrable, as established in Himangni Enterprises v. Kamaljeet Singh Ahluwalia, (2017) 10 SCC 706. The Court emphasized that Sections 111(g), 114, and 114A of the Transfer of Property Act create rights in rem, thereby excluding the applicability of the Arbitration & Conciliation Act, 1996. Consequently, the High Court's order appointing an arbitrator was set aside, reaffirming that such disputes must be resolved through the civil court system.