Chanderprabhu Jain College of Higher Studies

&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi)

E-Notes

Class & Section : B.A.LL.B/ BBA LL.B IX Sem

Subject Name : LAND AND REAL ESTATE LAWS

Subject Code : LLB 505

Faculty Name : Dr. RAMESH KUMAR

UNIT-IV

I. DELHI RENT CONTROL ACT

A. INTRODUCTION TO AND DELHI RENT CONTROL LEGISLATION IN

DELHI: 1958 AND 1996

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 toward each other.

Rent Control measures become necessary when demand for rental property far outstrips the supply
and tenants become vulnerable to exploitation by the landlords. These Rent Control Acts

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(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, and to protect the tenant from
arbitrary eviction. The Delhi Rent Control Act, 1958 was enacted and it was subsequently amended
in1960, 1963, 1976, 1984 and 1988. In order to bring the said law in conformity with the provisions
of Model Rent Control Legislation formulated by the Central Government, the Delhi Rent Bill,
1994 was introduced in Parliament. The said Bill was passed by Parliament in 1995. Although the
said Bill received the assent of the President in August, 1995, it could not be brought into force.
Hence, the Delhi Rent Control Act, 1958, as amended from time to time, is still in force. The salient
features of the 1958 Act are – to provide for control on rental housing market; fixation of fair or
standard rent; protection of tenants against indiscriminate eviction; obligations of landlords
regarding maintenance; and right of landlords for recovery of possessionin specific circumstances.

B. GROUNDS OF EVICTION UNDER THE DELHI RENT CONTROL ACT, 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)

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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.
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.

Section 14 (1) (f)

The premises have become unsafe or unfit for human habitation and are required bona fide by the
landlord for carrying out repairs which cannot be carried out without the premises being vacated.
Section 14 (1) (g)
The premises are required bona fide by the landlord for the purpose of building or re-building or
making thereto any substantial additions or alterations and that such building or re-building or
addition or alteration cannot be carried out without the premises being vacated.

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Section 14 (1) (hh)

That the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988,
built a residence and ten years have elapsed there-after;
Section 14 (1) (i)
The premises were let to the tenant for use as a residence by reason of his being in the service or
employment of the landlord, and that the tenant has ceased, to be in such service or employment.
Section 14 (1) (j)
That the tenant has, whether before or after the commencement of this Act, caused or permitted
to be caused substantial damage to the premises;
Section 14 (1) (k)
That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner
contrary to any condition imposed on the landlord by the Government or the Delhi Development
Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the
premises are situated.
Section 14 (1) (l)
The landlord requires the premises in order to carry out any building work at the instance of the
Government or the Delhi Development Authority or the Municipal Corporation of Delhi in
pursuance of any improvement scheme or development scheme and that such building work cannot
be carried out without the premises being vacated.

Important Definitions under the Act

Landlord
Under Section 2(e) of the Act , a person who is either being entitled to receive the rent (trustee,
guardian) or receiving the rent on account of premises that has been lent to the tenant.
Tenant

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Under Section 2(l) of the Act “tenant” means any person by whom or on whose account or
behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes-
(i) a sub-tenant;
(ii) any person continuing in possession after the termination of his tenancy; and
(iii) in the event of the death of the person continuing in possession after the termination of his
tenancy, subject to the order of succession and to this clause, such of the aforesaid person’s-
(a) spouse,
(b) son or daughter, or, where there are both son and daughter, both of them,
(c) parents,
(d) daughter-in-law, being the widow of his pre-deceased son

C. DISPUTE SETTLEMENT MECHANISMS

It extends to the areas included within the limits of the New Delhi Municipal Committee and the
Delhi Cantonment Board and to such urban title, extent areas within the limits of the Municipal
Corporation of Delhi as are specified in the First Schedule and the Central Government can extend
the limits of this act to any other urban area by specifying through the Notification in the Official
Gazette.
- The proceedings under the provisions of the Delhi Rent Control Act, 1958 take place
before the Rent Controller.
- Central Government appoints rent controller by notification in the Official Gazette under
section 35 of Delhi Rent Control Act, 1958.
- Section 36 powers of controller.
- Section 37 : procedure to be followed
- Section 38: appeal to Rent control tribunal.

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- Section 50 of the Delhi Rent Control Act, 1958 bars the jurisdiction of the Civil Court, but
however states as follows by virtue of sub-section (4): “Nothing in sub-section (1) shall be
construed as preventing a civil court from entertaining any suit or proceeding for the
decision of any question of title to any premises to which this Act applies or any question
as to the person or persons who are entitled to receive the rent of such premises.”

Sd/-
Dr. Ramesh Kumar

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