India: Analysis Of The Judgment Himangni Enterprises v Kamaljeet Singh Ahulwalia (2017) 10 SCC 706 Passed By The Hon'ble Supreme Court Of India

In a recent decision passed by the Hon'ble Supreme Court of India in the matter titled as "Himangni Enterprises v Kamaljeet Singh Ahulwalia",14 the Hon'ble Supreme Court bench comprising of Hon'ble Justices R K Agarwal and Justice Abhay Manohar Sapre has reinforced the catena of decisions that bar the arbitrability of landlord- tenant disputes on the grounds of involvement of rights in rem and public policy.

In the present matter, the Appellant filed an appeal before the Hon'ble Supreme Court against the final judgment and order of the Hon'ble High Court of Delhi in F.A.O. No.344 of 2016 wherein the High Court upheld the decision of the District Court in rejecting the Appellants' application under Section 8 of the Arbitration and Conciliation Act, 1996 (herein after refereed as "Act"). The said application under Section 8 of the Act was filed by the appellant in the suit for eviction and permanent injunction filed by the Respondents against the Appellant.

Brief Facts :

In the instat case, the Respondents had entered and executed a lease deed dated 31st August, 2010 (herein after referred as "the said deed") with the Appellant. The said deed was for a period of 3 years with effect from 7th October, 2010. After the expiry of the said deed, no fresh deed was executed between the Respondents and the Appellant.

Subsequently, the Respondent filed a suit being C.S. No. 132/2016 against the appellant on 17.08.2015 in the Saket District Court inter- alia seeking the Appellant's eviction from the premises in question and claiming some unpaid arrears of rent and a grant of permanent injunction against the Appellant.

"The appellant, on being served with the notice of the civil suit, filed an application under Section 8 of the Act. According to the appellant, since the cause of action was based on the said deed, which contained an arbitration clause, the parties were bound by the same and the suit had to be referred to arbitration. The Appellant further argued that the Delhi Rent Act, 1995 was not applicable to the premises in question by virtue of Section 3(1)(c) of the same, and hence, the dispute was not solely within the purview of the civil court. The Respondents (being the Plaintiff in the C.S. No. 132/2016) vehemently opposed the said application on the ground that the said deed has come to an end by efflux of time and moreover the subject matter of the civil suit was incapable of being referred to arbitration. The District Court upheld the argument of the Respondents and dismissed the application of the Appellant.

Being aggrieved of the decision passed by the District Court, the Appellant filed an appeal before the Hon'ble Delhi High Court. The Hon'ble High Court upheld the decision District Court, giving rise to the present appeal before the Supreme Court.

Decision of the Supreme Court :

After hearing the arguments of the Appellant and the Respondent, the Court was of the view that question arising from the present appeal filed by the Appellant had been extensively discussed in various decisions passed by the Hon'ble Supreme Court in favour of the Respondents and against the Appellant.

The Court also placed reliance on Natraj Studios (P) Limited v Navrang Studios15 and Booz Allen & Hamilton Inc v SBI Home Finance Limited16. In both the cases, the Supreme Court has held eviction and tenancy matters are governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes.

The court also rejected the argument of the Appellant with respect to that the Delhi Rent Act, 1995, was not applicable to the present dispute by virtue of Section 3(1)(c) of the said Act and dispute between the parties should have been referred to arbitration. The Supreme Court held that the mere preclusion of the Delhi Rent Act, 1995 from application did not mean that the Arbitration & Conciliation Act, 1996 would automatically apply to the present dispute. The court further held that in such a situation, the rights of the parties would be governed by the Transfer of Property Act, 1882. Therefore, the Supreme Court has again reinstated the bar on the arbitrability of landlord- tenant disputes on the grounds of involvement of rights in rem and public policy.


14. (2017) 10 SCC 706

15. 1981 AIR 537

16. [(2011) 5 SCC 532]

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions