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february 2019

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.

Vidya Drolia vs Durga Trading Corporation · Niyam