RANJIT KUMAR BOSE & ANR. versus ANANNYA CHOWDHURY & ANR

RANJIT KUMAR BOSE & ANR. versus ANANNYA CHOWDHURY & ANR

Section 6 of the West Bengal Premises Tenancy Act, 1997, by using 'notwithstanding anything to the contrary contained in any contract,' confers exclusive jurisdiction on the Civil Judge and overrides any arbitration agreement relating to eviction and recovery of possession; such suits cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 due to statutory bar.

Parties
Appellant: Ranjit Kumar Bose; Respondent: Anannya Chowdhury
Jurisdiction
India
Judgment Date
07 March 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Arbitrability of Tenancy Disputes, Jurisdiction in Eviction Proceedings, Statutory Override of Arbitration Agreements
Tenancy Law Arbitration Law Arbitrability of Tenancy Disputes Jurisdiction in Eviction Proceedings Statutory Override of Arbitration Agreements

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Parties

Ranjit Kumar Bose

Appellant

Anannya Chowdhury

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether eviction disputes under the West Bengal Premises Tenancy Act, 1997 can be referred to arbitration under Arbitration and Conciliation Act, 1996
  2. 2 Whether an arbitration clause in a tenancy agreement is overridden by statutory jurisdiction of Civil Judge

Ratio Decidendi

Section 6 of the West Bengal Premises Tenancy Act, 1997, by using 'notwithstanding anything to the contrary contained in any contract,' confers exclusive jurisdiction on the Civil Judge and overrides any arbitration agreement relating to eviction and recovery of possession; such suits cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 due to statutory bar.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of High Court set aside
  • Matter remanded to Civil Judge, Senior Division, for proceedings in accordance with law