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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Super Papers – Appellant
Versus
Hitesh Kumar Sahni – Respondent
| Table of Content |
|---|
| 1. petitioner challenges dismissal of arbitration. (Para 1 , 2) |
| 2. counsel argues for arbitration due to existing agreement. (Para 4 , 5) |
| 3. court affirms that eviction matters fall under exclusive jurisdiction of rent controller. (Para 6 , 9) |
| 4. final ruling confirms dismissal of the petition. (Para 10) |
JUDGMENT :
Vikram Aggarwal, J.
The present revision petition assails the order dated 04.10.2024 (Annexure P-7) passed by the Court of learned Rent Controller, Ludhiana vide which the application moved by the present petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (for short '1996 Act') for referring the matter to arbitration was dismissed.
2. A petition under the Punjab Rent Act, 1995 (for short 'the 1995 Act') was instituted by the respondents/landlords against the petitioners/tenants for their eviction from the demised premises situated in Sarabha Nagar, Ludhiana (fully described in the eviction petition) on the ground of non-payment of Rent of Rs.1,31,61,814/-. An application under Section 8 of the 1996 Act (Annexure P-4) was moved stating that parties to the eviction petition were governed by lease deed dated 15.12.2015 which contained a s
Eviction petitions under rent control laws are under the exclusive jurisdiction of the Rent Controller and not arbitrable.
Disputes regarding recovery of lease amounts under an Arbitration Clause are arbitrable and do not fall under the jurisdiction of the Rent Controller.
Disputes between landlords and tenants governed by rent control legislation are non-arbitrable and must be addressed exclusively by statutory authorities.
The main legal point established in the judgment is that disputes governed by the Transfer of Property Act are arbitrable, while those governed by rent control legislation are non-arbitrable and can ....
Eviction matters cannot be referred to arbitration under the Arbitration and Conciliation Act if statutory protections apply.
The court determined that the landlord-tenant dispute constitutes an arbitrable issue and appointed an arbitrator due to the parties' failure to agree on one.
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