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2019 (3) TMI 675 - HC - Indian LawsAppointment of an arbitrator - lease agreement - enhancement of rent - Held that:- It is well settled that in the cases of matters "in rem", the arbitration cannot be invoked - In the instant case, the petitioner is entitled to file a petition for enhancement of rent under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In case the respondents fail to vacate and commit willful default, the petitioner is entitled to evict the respondents under Section 10 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. It is also the apprehension of the petitioner that the respondents, being a Government Agency, they may rely on the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and also on the basis of arbitration clause will raise objections with regard to maintainability of the eviction petition filed under the above mentioned provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In fact, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, is applicable only against those under unauthorised occupation of the public premises and not against lawful persons - Therefore, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, will not apply to the case on hand. Therefore, the petitioner shall work out his remedy under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. The Original Petition is dismissed as not maintainable.
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