'A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and…
The Rs 3000 monthly rent is within Delhi’s ordinary rent-control threshold, so eviction falls within the special statutory forum and protections, rather than private…
Choose your answer
'A' has let out his property at Delhi to 'B' at a rent of Rs. 3000/- per month on the terms and conditions contained in a registered lease deed. The lease deed provided for arbitration of all disputes between the parties. 'B' fails to vacate the property in spite of expiry of period of lease of two years. 'A' initiates arbitral proceedings under the Arbitration and Conciliation Act, 1996 in accordance with an arbitration clause in the lease deed seeking eviction/ejectment of 'B' from the property. Having regard to the Delhi Rent Control Act, 1958, which of the following is correct?
Answer and explanation
Correct answer B
The Rs 3000 monthly rent is within Delhi’s ordinary rent-control threshold, so eviction falls within the special statutory forum and protections, rather than private arbitral adjudication. Expiry of the two-year contractual lease does not itself remove those protections. An arbitration term or the tenant’s consent cannot confer power to decide such a rent-control eviction. This applies on the ordinary covered-premises reading of the facts; no statutory exemption is stated.
Current law: Vidya Drolia 14 December 2020 overruled the broad exclusion of ordinary Transfer-of-Property-Act tenancy disputes, but preserved nonarbitrability where rent-control legislation gives exclusive jurisdiction to a special forum. That distinction does not change the answer here.
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