India Losing its Domestic Arbitration! The Need for Legislative Amendment
It is well known that tenants enjoy protection from eviction if they are statutory tenants under the Delhi Rent Control Act, 1958 (the “DRC Act”). A statutory tenant is a term used to describe a tenancy that is covered by the DRC Act. SO, therefore, any property in Delhi, that is given for rent below. Rs. 3,500 per month would fall within the of the DRC Act and the tenant would be known as a statutory tenants. Tenancies where the rent reserved is above Rs. 3,500 per month, would by default, be covered by the Transfer of Property Act, 1882 (“TPA”). The expression statutory tenant is not defined, but because rent control tenancies enjoy the protection of a statute, tenants and the expression is used to distinguish from other tenants that do not fall under the DRC Act, but enjoy ordinary tenancies under the TPA.
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