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GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Shrey Chouksey S/o Mukesh Chouksey – Appellant
Versus
Punchvati, In Through Partners – Respondent
JUDGMENT :
Goutam Bhaduri, J.
Heard.
1. The present petition is against the order dated 03.08.2022 passed by the Rent Control Tribunal, Raipur wherein the order dated 18.03.2019 (Annexure P-5) passed by the Rent Control Authority, Bilaspur was set aside and the case was remanded back to Rent Control Authority to adjudicate afresh.
2. The brief facts of this case are that :-
After notice the tenant filed an application under Order 7 Rule 11 on the ground that the agreement of tenancy contains an arbitration clause and accordingly on earlier point of time, Arbitrator has passed an award which was acted upon by the parties. Therefore, the dispute even for vacating the premises is an arbitrable one, the petition before the Rent Control Authority would not lie.
The Rent Control Authority upheld the objection & dismissed the application filed by the landlord on the gr
Landlord-tenant disputes covered by rent control legislation may not be arbitrable when a specific court or forum has been given exclusive jurisdiction. The applicability of specific legislation and ....
When a pre-existing special mechanism is present for the adjudication of a specific type of dispute, it is not desirable to resort to other common methods. The special mechanism has been specifically....
Point of Law : Eviction or tenancy matters governed by special Statutes and where the tenant enjoys statutory protection, only the specified Court has been conferred jurisdiction.
The tenant's estoppel from denying the landlord's title under Section 116 of the Indian Evidence Act, 1872 and the permissibility of seeking eviction despite non-compliance with tenancy agreement and....
Disputes arising from leave and license agreements are non-arbitrable when governed by special legislation like the Maharashtra Rent Control Act, which establishes exclusive jurisdiction for resoluti....
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
The main legal point established in the judgment is that the Rent Tribunal has jurisdiction to decide eviction applications under the Act of 2001, despite the existence of an arbitration clause in th....
The main legal point established in the judgment is that non-impleadment of other legal heirs is not necessary for eviction, and the recovery of rent is limited to three years prior to the filing of ....
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