Faculty of Law, Jamia Millia Islamia

SECTION 14 (1) (e), 14 A, B, C, D, READ WITH CHAPTER III A, DRCA

Submitted By:

Name – ANAS MOHSIN

Student ID - 20162611

B.A.LL.B.

(9th Semester)

(Regular)

Submitted to: Dr. KAHKASHAN Y. DANYAL

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 CONTENTS

Topics Page
No.

1. Acknowledgement................................................................. 3

2. Introduction...........................................................................4

3. Provisions under Section 14, DRCA, 1958.........................5 -

10

4. Case Laws..........................................................................11 - 12

5. Provisions under Chapter III A, DRCA, 1958.................13 - 15

6. Special procedure for the disposal of applications seeking

eviction on the ground of bona fide requirement....................16

7. Judicial Decision in respect of Bonafide need of landlord.....17

8. Conclusion................................................................................18
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 9. Bibliography..............................................................................1

ACKNOWLEDGEMENT

I would like to express my special thanks of gratitude to my teacher Dr. Kehkashan Y.

Danyal who gave me the golden opportunity to do assignment on “Section 14 (1) (e), 14 A,
B, C, D, read with Chapter III A, DRCA” which also helped me in doing a lot of Research
and I came to know about so many new things, I am really thankful to him. Secondly, I would
also like to thank my parents and friends who helped me a lot in finalizing this assignment
within the limited time frame.

Anas Mohsin

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 INTRODUCTION

The main purpose of introducing the Rent Control Act, 1958 in India is to protect the rights
of tenants, give them security and restricts the landlords in their ability to evict their tenants.
This Act has been designed for each and every state in India separately. Therefore, here we
are discussing some significant points of the Delhi Control Act, 1958.

The Delhi Rent Control Bill was been passed by both the Houses of Parliament and received
the assent of the President on 31st December, 1958. It came into force on 9th February, 1959
as The Delhi Rent Control Act, 1958. It extends to the areas included within the limits of the
New Delhi Municipal Committee and the Delhi Cantonment Board and to such urban areas
within the limits of the Municipal Corporation of Delhi. The courts are under a legal
compulsion to harmoniously read the provisions of the Act so as to balance the rights of the
landlord and the obligations of the tenant and landlord toward each other.

Rent Control Acts (RCAs), including The Delhi Rent Control Act 1958, are meant to fulfill
two main purposes:

 Protect the tenant from having to pay more than a standard rent.
 To protect the tenant from arbitrary eviction.

If the amount of rent albeit a property is less than Rs. 3,500/- then the provisions of the Delhi
Rent Control Act, 1958 will apply; however, if the amount of rent albeit a property is more
than Rs. 3,500/- then, the provisions of the Transfer of Property Act, 1882 will apply. If the
amount of rent charged is Rs. 3,500/- exact, then the provisions of the Delhi Rent Control
Act, 1958 will apply.

The provisions of this act shall apply to all the hotels and lodges covering in the jurisdiction
and the controller shall have all the rights to fix the fair rate to be charged for any
boarding/lodging

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 PROVISIONS UNDER SECTION-14, DRCA, 1958
Section 14 of the Delhi Rent Control Act, 1958 provides for various grounds available to a
landlord for evicting a tenant

The landlord cannot evict any tenant without any valid reason. The circumstances under
which a tenant can be evicted are mentioned below, but in those cases also the landlord has to
make an application to the Controller for the recovery of the possession on the below
mentioned grounds:-

 Section 14 (1) (a)

The tenant has neither paid nor tendered the whole of the arrears of the rent legally
recoverable from him within two months of the date on which a notice of demand for the
arrears of rent has been served on him.

 Section 14 (1) (b)

Without obtaining the consent of the landlord in writing, the tenant has sub-let, assigned or
parted with the possession of the premises.

 Section 14 (1) (c)

That the tenant has used the premises for purpose other than that for which they were let-

(i) If the premises have been let on or after the 9th day of June, 1952, without obtaining the
consent in writing of the landlord; or

(ii) If the premises have been let before the said date without obtaining his consent;

 Section 14 (1) (d)

The premises were let for use as a residence and neither the tenant nor any member of his
family has been residing therein for a period of six months immediately before the date of the
filing of the application for the recovery of possession thereof.

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  Section 14 (1) (e)

That the premises let for residential purposes are required bona fide by the landlord for
occupation as a residence for himself or for any member of his family dependent on
him, if he is the owner thereof, or for any person for whose benefit the premises are
held and that the landlord or such person has no other reasonably suitable residential
accommodation.  

The Delhi Rent Control Act, 1958 amended in 1988 provides the landlord a statutory tool for
eviction of a landlord under the Act, if the landlord is in genuine and bonafide need of the
rented premises.

This is to say that if the landlord requires the tented premises for his own use- whether to
conduct a business or to reside in the property and the landlord has no other alternative
property which he can use for the said purpose then he can seek the eviction of the tenant.

The Supreme Court has held in Smt. Gian Devi Anand vs. Jeeevan Kumar and Others
1985 AIR 796 that bona fide need of the landlord will stand very much on the same footing
in regard to either class of premises, residential or commercial.1

In order to succeed in the petition under Section 14 (1) (e), the landlord has to establish the
below circumstances:-

1. Petitioner is owner and landlord in respect of the tenanted premises.

2. The petitioner requires the premises bonafide for herself or for any member of her
family dependent upon her.
3. The petitioner has no other reasonably suitable accommodation.

Section-14A.
1
Decided by the Supreme Court of India on 1 May, 1985 through bench comprising of
Bench: Justice Chandrachud, Y.V. (CJI), Bhagwati, P.N., Fazalali, Syed Murtaza, Sen,
Amarendra Nath (J), Eradi, V. Balakrishna (J).
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Right to recover immediate possession of premises to accrue to certain persons. 

(1) Where a landlord who, being a person in occupation of any residential premises allotted to
him by the Central Government or any local authority is required, by, or in pursuance of, any
general or special order made by that Government or authority, to vacate such residential
accommodation, or in default, to incur certain obligations, on the ground that he owns, in the
Union territory of Delhi, a residential accommodation either in his own name or in the name
of his wife or dependent child, there shall accrue, on and from the date of such order, to such
landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the
time being in force or in any contract (whether express or implied), custom or usage to the
contrary, a right to recover immediately possession of any premises let out by him:

Provided that nothing in this section shall be construed as conferring a right on a landlord
owning, in the Union territory of Delhi, two or more dwelling houses whether in his own
name or in the name of his wife or dependent child to recover the possession of more than
one dwelling house and it shall be lawful for such landlord to indicate the dwelling house,
possession of which he intends to recover.

(2) Notwithstanding anything contained elsewhere in this Act or in any other law for the time
being in force or in any contract, custom or usage to the contrary, where the landlord
exercises the right of recovery conferred on him by sub-section (1), no compensation shall be
payable by him to the tenant or any person claiming through or under him and no claim for
such compensation shall be entertained by any court, tribunal or other authority:

Provided that where the landlord had received, -

(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date
of recovery of possession of the premises by him, refund to the tenant such amount as
represents the rent payable for the unexpired portion of the contract, agreement or lease;

(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which
shall bear the same proportion to the total amount so received, as the unexpired portion of the
contract or agreement, or lease bears to the total period of contract or agreement or lease:

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Provided further that, if any default is made in making any refund as aforesaid, the landlord
shall be liable to pay simple interest at the rate of six per cent per annum on the amount
which he has omitted or failed to refund.

Section-14B.

Right to recover immediate possession of premises to accrue to members of the armed

forces, etc.  –

(1) Where the landlord:-

(a) is a released or retired person from any armed forces and the premises let out by him are
required for his own residence; or

(b) is a dependent of a member of any armed forces who had been killed in action and the
premises let out by such member are required for the residence of the family of such member,
such person or, as the case may be, the dependent may, within one year from the date of his
release or retirement from such armed forces or, as the case may be, the date of death of such
member, or within a period of one year from the date of commencement of the Delhi Rent
Control (Amendment) Act, 1988, whichever is later, apply to the Controller for recovering
the immediate possession of such premises.

(2) Where the landlord is a member of any of the armed forces and has a period of less than
one year preceding the date of his retirement and the premises let out by him are required for
his own residence after his retirement, he may, at any time, within a period of one year before
the date of his retirement, apply to the Controller for recovering the immediate possession of
such premises.

(3) Where the landlord referred to in sub-section (1) or sub-section (2) has let out more than
one premise, it shall be open to him to make an application under that sub-section in respect
of only one of the premises chosen by him.

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Explanation. - For the purposes of this section, "armed forces" means an armed force of the
Union constituted under an Act of Parliament and includes a member of the police force
constituted under section 3 of the Delhi Police Act, 1978 (34 of 1978).

Section-14C.

Right to recover immediate possession of premises to accrue to Central Government and

Delhi Administration employees.  –

(1) Where the landlord is a retired employee of the Central Government or of the Delhi
Administration, and the premises let out by him are required for his own residence, such
employee may, within one year from the date of his retirement or within a period of one year
from the date of commencement of the Delhi Rent Control (Amendment) Act, 1988,
whichever is later, apply to the Controller for recovering the immediate possession of such
premises.

(2) Where the landlord is an employee of the Central Government or of the Delhi
Administration and has a period of less than one year preceding the date of his retirement and
the premises let out by him are required by him for his own residence after his retirement, he
may, at any time within a period of one year before the date of his retirement, apply to the
Controller for recovering the immediate possession of such premises.

(3) Where the landlord referred to in sub-section (1) or sub-section (2) has let out more than
one premises, it shall be open to him to make an application under that sub-section in respect
of only one of the premises chosen by him.

Section-14D.

Right to recover immediate possession of premises to accrue to a widow.  –

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 (1) Where the landlord is a widow and the premises let out by her, or by her husband, are
required by her for her own residence, she may apply to the Controller for recovering the
immediate possession of such premises.

(2) Where the landlord referred to in sub-section (1) has let out more than one premise, it
shall be open to her to make an application under that sub- section in respect of any one of
the premises chosen by her.

 CASE LAWS:-

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In Freddy Fernandes v. P. L. Mehra, 1973 R.C.R. 53(2), the case-law on the meaning of the
expression bona fide as used in clause (e) was reviewed and it was held that the bona fides of
the claim could be subjective only insofar as the landlord has the right to choose between
alternative accommodations according to his convenience. If one of them is more convenient
to him than the other, he is entitled to choose the one which is more convenient. But the
extent of his need cannot be left to his fancy. It has to be reasonable in the circumstances of
the case. In that sense the need has to be objectively judged.

In Ram Narain v. Lakshmi Dass Kundra, AIR 1971 Delhi 268, the landlord lived on the first
floor and wanted the additional accommodation from the tenant on the first floor. The ground
floor was used for commercial purposes. The landlord was not bound to convert the
accommodation on ground floor into residential purpose but was justified in wanting the
residential accommodation on the first floor adjoining his own accommodation for a
residence. A  landlord cannot be precluded from claiming back possession of a portion of his
property merely because he has lived uncomfortably in the past and has decided to now live
more comfortably, leading to the institution of a petition for eviction by him on the ground of
personal requirement.

In Madan Lal vs. Hema Wati, ILR 1970 Delhi 519 merely because the wife of the landlord is
earning her independent living, and, therefore, is not dependent on him cannot mean that
while considering the needs of the landlord the needs of his wife have to be ignored.
Likewise, the needs of the adult independent son, who normally is accustomed to live with
his father, cannot be ignored, when considering the needs of the father. The words “for
himself” have to be interpreted to mean “for himself as living along with his family members,
with whom he is normally accustomed to live.” This interpretation has to be adopted when
there is nothing to cast any doubt on the bona fides of the landlord, when he makes such a
claim. The phrase “or for any member of his family dependent on him”, occurring in the
clause is designed to meet an altogether different objective. If the landlord himself is not to
reside in the premises, as for instance, when he lives outside Delhi, he still is entitled to claim
ejectment of his tenant, if the premises are required “for any member of his family dependent
on him” or “for whose benefit the premises are held”.

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 In V. Dhanapal Chettiar v. Yesodai Ammal, AIR 1979 SC 1745, a seven judge bench of the
Supreme Court of India, held that, In order to get a decree for eviction against the tenant, the
notice is not necessary. The tenant continues to be a tenant even thereafter, that post the
serving of the eviction notice. The landlord is under a duty to make out a case from the
grounds mentioned under the concerned rent control legislation, and it shall be sufficient to
have the eviction thereafter.

In the case of Priya Bala Ghosh v. B.L. Singhania, AIR 1992 SC 639, it was held that rent
can be tendered by money order, and in case if the money order is sent within time but it
reaches late to the landlord, then, it would be deemed as a valid tender.

The above are all the grounds under which the landlord can seek eviction of the tenant by
filing a petition before the Court of Rent Controller of the area in which the rented
premises are situated.

 PROVISIONS UNDER CHAPTER-III A, DRCA, 1958

CHAPTER III A

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Summary Trial of Certain Applications

25A. Provisions of this Chapter to have overriding effect. - The provisions of this Chapter
or any rule made there under shall have effect notwithstanding anything inconsistent
therewith contained elsewhere in this Act or in any other law for the time being in force.

25B. Special procedure for the disposal of applications for eviction on the ground of
bona fide requirement. –

(1) Every application by a landlord for the recovery of possession of any premises on the
ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section
14A [or under section 14B or under section 14C or under section 14D], shall be dealt with in
accordance with the procedure specified in this section.

(2) The Controller shall issue summons, in relation to every application referred to in sub-
section (1), in the form specified in the Third Schedule.

(3) (a) The Controller shall, in addition to, and simultaneously with, the issue of summons for
service on the tenant, also direct the summons to be served by registered post,
acknowledgment due, addressed to the tenant or his agent empowered to accept the service at
the place where the tenant or his agent actually and voluntarily resides or carries on business
or personally works for gain and may, if the circumstances of the case so require, also direct
the publication of the summons in a newspaper circulating in the locality in which the tenant
is last known to have resided or carried on business or personally worked for gain.

(b) When an acknowledgement purporting to be signed by the tenant or his agent is received
by the Controller or the registered article containing the summons is received back with an
endorsement purporting to have been made by a postal employee to the effect that the tenant
or his agent had refused to take delivery of the registered article, the Controller may declare
that there has been a valid service of summons.

(4) The tenant on whom the summons is duly served (whether in the ordinary way or by
registered post) 'in the form specified in the Third Schedule shall not contest the prayer for
eviction from the premises unless he files an affidavit stating the grounds on which he seeks

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to contest the application for eviction and obtains leave from the Controller as hereinafter
provided; and in default of his appearance in pursuance of the summons or his obtaining such
leave, the statement made by the landlord in the application for eviction shall be deemed to
be admitted by the tenant and the applicant shall be entitled to an order for eviction on the
ground aforesaid.

(5) The Controller shall give to the tenant leave to contest the application if the affidavit filed
by the tenant discloses such facts as would disentitle the landlord from obtaining an order for
the recovery of possession of the premises on the ground specified in clause (c) of the proviso
to sub-section (1) of section 14, or under section 14A.

(6) Where leave is granted to the tenant to contest the application, the Controller shall
commence the hearing of the application as early as practicable.

(7) Notwithstanding anything contained in sub-section (2) of section 37, the Controller shall,
while holding an inquiry in a proceeding to which this Chapter applies, follow the practice
and procedure of a Court of Small Causes, including the recording of evidence.

(8) No appeal or second appeal shall lie against an order for the recovery of possession of any
premises made by the Controller in accordance with the procedure specified in this section:

Provided that the High Court may, for the purpose of satisfying itself that an order made by
the Controller under this section is according to law, call for the records of the case and pass
such order in respect thereto as it thinks fit.

(9) Where no application has been made to the High Court on revision, the Controller may,
exercise the powers of review in accordance with the provisions of Order XLVII of the First
Schedule to the Code of Civil Procedure, 1908 (5 of 1908).

(10) Save as otherwise provided in this Chapter, the procedure for the disposal of an
application for eviction on the ground specified in clause (e) of the proviso to sub-section (1)
of section 14, or under section 14A, shall be the same as the procedure for the disposal of
applications by Controllers.

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 25C. Act to have effect in a modified form in relation to certain persons. - (1) Nothing
contained in sub-section (6) of section 14 shall apply to a landlord who, being a person in
occupation of any residential premises allotted to him by the Central Government or any local
authority is required by or in pursuance of, an order made by that Government or authority to
vacate such residential accommodation, or, in default, to incur certain obligations, or the
ground that he owns a residential accommodation either in his own name or in the name of
his wife or dependent child in the Union territory of Delhi.

(2) In the case of a landlord who, being a person of the category specified in sub-section (1)
has obtained, on the ground specified in clause (e) of the proviso to sub-section (1) of section
14, or under section 14A, an order for the eviction of a tenant from any premises, the
provisions of sub-section (7) of section 14 shall have effect as if for the words "six months",
occurring therein, the words "two months" were substituted.

 Special procedure for the disposal of applications seeking eviction

on the ground of bona fide requirement.

Section 25 B of the Delhi Rent Control Act, 1958 provides for the

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 (1) Every application by a landlord for the recovery of possession of any premises on the
ground specified in clause (e) shall be dealt with in accordance with the procedure specified
in this section.

(2) The Controller shall issue summons, in relation to every application referred to him.

(3) Way by which summons are to be issued:-

(a) The Controller shall, in addition to, and simultaneously with, the issue of summons for
service on the tenant, also direct the summons to be served by registered post,
acknowledgement due, addressed to the tenant or his agent empowered to accept the service
at the place where the tenant or his agent actually and voluntarily resides or carries on
business or personally works for gain and may ,if the circumstances of the case so require,
also direct the publication of the summons in a newspaper circulating in the locality.

 (b) When an acknowledgement purporting to be signed by the tenant or his agent is received
by the Controller or the registered article containing the summons is received back the
Controller may declare that there has been a valid service of summons.

(4) The tenant on whom the summons is duly served (whether in the ordinary way or by
registered post) in the form specified in the Third Schedule shall not contest the prayer for
eviction from the premises unless he files and affidavit stating the grounds on which he seeks
to contest the application for eviction and obtains leave from the Controller

(5) The Controller shall give to the tenant leave to contest the application if the affidavit filed
by the tenant discloses such facts as would disentitle the landlord from obtaining an order for
the recovery of possession of the premises on the ground of bonafide requirement.

(6) Where leave is granted to the tenant to contest the application, the Controller shall
commence the hearing of the application as early as practicable.

 Judicial Decision in respect of Bonafide need of landlord

The Supreme Court in Baldev Singh Bajwa v. Monish Saini,2 Held that whenever a landlord
seeks ejectment of a tenant for bona fide requirement, it shall be presumed to be genuine and

2
(2005) 12 SCC 778
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 bona fide. Furthermore, the burden to rebut the said presumption lies on the tenant; however,
the mere assertion on part of the tenant does not suffice.

 In Satyawati Sharma vs. Union of India & Anr. 3, it was held that “Section 14(1) (e) of the
1958 Act is violative of Article 14 of the Constitution of India because it discriminates
between the premises rented out for residential and non-residential purposes.

But when the same are required bona fide by the landlord for occupation for himself or for
any member of his family dependent on him then it restricts the right of landlord and protects
tenant in respect of residential premises.

This means that if the landlord has let out the property for commercial purpose then he cannot
seek the eviction of the tenant on the ground of bonafide requirement for his residential use
because he himself gave the property for commercial use and now the premises are not of
residential purpose alone.

In the case of Atyam Veerraju v. Pechetti Venkanna4 the Hon’ble Supreme Court held that
a tenant who has been let into possession cannot deny his landlords title, however defective it
may be, so long as he has not openly restored possession by surrender to his landlord.”

 CONCLUSION

In order to summarize the essential key points are to be kept in mind that the landlord can
seek eviction of tenant from tenanted premises in case of his bonafide need of the tenated

3
2008 (5) SCC 287
4
1996) 1 SCR 831
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 premises under Section 14 (1) (e) of the Delhi Rent Control Act, 1958.      

For proving bonafide the petitioner must prove the following:-

1. Petitioner is owner and landlord in respect of the tenanted premises.

2. The petitioner requires the premises bonafide for herself or for any member of her
family dependent upon her.
3. The petitioner has no other reasonably suitable accommodation.
4. The petition is to be filed before the rent controller who will issue summons to the
tenant,
5. The controller has to satisfy by the tenant on the front that he has genuine grounds
with him which would stop the landlord from succeeding in his case.
6. After being satisfied, the controller will give the tenant a leave to defend.
7. When a petition is filed for eviction on the ground of bonafide requirement, the
Controller shall presume the requirement to be genuine and it is upon the tenant to rebut
the presumption.
8. A petition for eviction will lie before the Rent Controller under Section 14 (1) (e) of
the Act.
9. An appeal against the decision of rent controller will lie before the Rent control
tribunal within 30 days from the date of passing of order by the controller under Section
38 of the Act.
10. An appeal against the decision of the tribunal shall lie with the High Court within 60
days from the date of order.
11.  The tenant cannot challenge the title of the landlord, irrespective of the defects in it.

 BIBLIOGRAPHY

PRIMARY SOURCES:-
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1. STATUTES:

 Delhi Rent Control Act, 1958

 Transfer of Property Act, 1882

SECONDARY SOURCES:-

1. BOOKS:

 Delhi Rent Control Act, 1958 Along with Rules, 1959 Universal Law Publishing

 Law of Rent Control in Delhi – Wadhwa Book Company

 Delhi Rent Control Act – Jain Boo Agency

2. WEBSITES

• http://www.legalservicesindia.com

• https://www.barandbench.com

• www.indiankanoon.org

• http://lawtimesjournal.in

• https://www.lawctopus.com

• http://www.legalservicesindia.com

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