Arbitrating Disputes under the Transfer of Property Act, 1882

[Abhinav Sankaranarayanan is a III year B.A.L.L.B (Hons.) student at the West Bengal National University of Juridical Sciences, Kolkata (WBNUJS)] Background On 28 February 2019, a Division Bench of the Supreme Court in Vidya Drolia v. Durga Trading Corporation revisited the convoluted jurisprudence surrounding the arbitrability of disputes governed by the provisions of the Transfer of Property Act, 1882 (‘TP Act’). Whereas the position of law in Himangni Enterprises v. Kamaljeet Singh Ahluwalia is that disputes governed by the provisions of the Transfer of Property Act, 1882 (‘TP Act’) are inarbitrable, the Vidya Drolia decision casts serious doubts about the correctness of the Himangni Enterprises ratio and refers it to a larger bench for reconsideration.   Analysis of jurisprudence regarding arbitrability of landlord-tenant disputes Previously, in Booz Allen Hamilton Inc. v. SBI Home Finance, the Supreme Court articulated a broad distinction…

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