14. Protection of tenant against eviction.—(1) Notwithstanding anything to the contrary contained in
any other law or contract, no order or decree for the recovery of possession of any premises shall be made
by any court or Controller in favour of the landlord against a tenant:
Provided that the Controller may, on an application made to him in the prescribed manner, make an
order for the recovery of possession of the premises on one or more of the following grounds only,
namely:—
(a) that 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 of him by the landlord in the manner provided in section 106 of the Transfer of Property
Act, 1882 (4 of 1882);
1. Ins. by Act 57 of 1988, s. 7 (w.e.f. 1-12-1988).
2. Clause (d) has been ins. by s. 7 ibid. As a result of this insertion the word “and” of the end of sub-clause (ii) of clause (b)
ought to have been omitted and added at the end of clause (c), which has been done by Act 57 of 1988. The irregularity has
set right. (Ed.)
11
(b) that the tenant has, on or after the 9th day of June, 1952, sub-let, assigned or otherwise parted
with the possession of the whole or any part of the premises without obtaining the consent in writing
of the landlord;
(c) that the tenant has used the premises for a 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;
(d) that 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;
(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;
Explanation.—For the purposes of this clause, “premises let for residential purposes” include any
premises which having been let for use as a residence are, without the consent of the landlord, used
incidentally for commercial or other purposes;
(f) that 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;
(g) that 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;
(h) that the tenant has, whether before or after the commencement of this Act, 1***, acquired vacant
possession of, or been allotted, a residence;
2
[(hh) that the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act,
1988, built a residence and ten years have elapsed thereafter;]
(i) that 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, whether before or after the
commencement of this Act, to be in such service or employment;
(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;
(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 situate;
(l) that 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 is
pursuance of any improvement scheme or development scheme and that such building work cannot be
carried out without the premises being vacated.
(2) No order for the recovery of possession of any premises shall be made on the ground specified in
clause (a) of the proviso to sub-section (1), if the tenant makes payment or deposit as required by
section 15:
1. The word “built” omitted by Act 57 of 1988, s. 8 (w.e.f. 1-12-1988).
2. Ins. by s. 8, ibid. (w.e.f. 1-12-1988).
12
Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such
benefit once in respect of any premises, he again makes a default in the payment of rent of those premises
for three consecutive months.
(3) No order for the recovery of possession in any proceeding under sub-section (1) shall be binding on
any sub-tenant referred to in section 17 who has given notice of his sub-tenancy to the landlord under the
provisions of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction
is made binding on him.
(4) For the purposes of clause (b) of the proviso to sub-section (1), any premises which have been let
for being used for the purposes of business or profession shall be deemed to have been sub-let by the tenant,
if the Controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after
the 16th day of August, 1958, allowed any person to occupy the whole or any part of the premises ostensibly
on the ground that such person is a partner of the tenant in the business or profession but really for the
purpose of sub-letting such premises to that person.
(5) No application for the recovery of possession of any premises shall lie under sub-section (1) on the
ground specified in clause (c) of the proviso thereto, unless the landlord has given to the tenant a notice in
the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed
to comply with such requirement within one month of the date of service of the notice; and no order for
eviction against the tenant shall be made in such a case, unless the Controller is satisfied that the misuse of
the premises is of such a nature that it is a public nuisance or that it causes damage to the premises or is
otherwise detrimental to the interest of the landlord.
(6) Where a landlord has acquired any premises by transfer, no application for the recovery of
possession of such premises shall lie under sub-section (1) on the ground specified in clause (e) of the
proviso thereto, unless a period of five years have elapsed from the date of the acquisition.
(7) Where an order for the recovery of possession of any premises is made on the ground specified in
clause (e) of the proviso to sub-section (1), the landlord shall not be entitled to obtain possession thereof
before the expiration of a period of six months from the date of the order.
(8) No order for the recovery of possession of any premises shall be made on the ground specified in
clause (g) of the proviso to sub-section (1), unless the Controller is satisfied that the proposed reconstruction
will not radically alter the purpose for which the premises were let or that such radical alteration is in the
public interest, and that the plans and estimates of such reconstruction have been properly prepared and that
necessary fund for the purpose are available with the landlord.
(9) No order for the recovery of possession of any premises shall be made on the ground specified in
clause (i) of the proviso to sub-section (1), if the Controller is of opinion that there is any bona fide dispute
as to whether the tenant has ceased to be in the service or employment of the landlord.
(10) No order for the recovery of possession of any premises shall be made on the ground specified in
clause (j) of the proviso to sub-section (1), if the tenant, within such time as may be specified in this behalf
by the Controller, carries out repairs to the damage caused to the satisfaction of the Controller or pays to
the landlord such amount by way of compensation as the Controller may direct.
(11) No order for the recovery of possession of any premises shall be made on the ground specified in
clause (k) of the proviso to sub-section (1), if the tenant, within such time as may be specified in this behalf
by the Controller, complies with the condition imposed on the landlord by any of the authorities referred to
in that clause or pays to that authority such amount by way of compensation as the Controller may direct.
1
[14A. 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
1. Ins. by Act 18 of 1976, s. 5 (w.e.f. 1-12-1975).
13
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 there 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 represent 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:
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.]
1
[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
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.
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).
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
1. Ins. by Act 57 of 1988, s. 9 (w.e.f. 1-12-1988).
14
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.
14D. Right to recover immediate possession of premises to accrue to a widow.— (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 premises, it shall he open
to her to make an application under that sub-section in respect of any one of the premises chosen by her.]
15. When a tenant can get the benefit of protection against eviction.—(1) In every proceeding of
the recovery of possession of any premises on the ground specified in clause (a) of the proviso to
sub-section (1) of section 14, the Controller shall, after giving the parties an opportunity of being heard,
make an order directing the tenant to pay to the landlord or deposit with the Controller within one month
of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for
which the arrears of the rent were legally recoverable from the tenant including the period subsequent
thereto up to the end of the month previous to that in which payment or deposit is made and to continue to
pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at
that rate.
(2) If, in any proceeding for the recovery of possession of any premises on any ground other than that
referred to in sub-section (1), the tenant contests the claim for eviction, the landlord may, at any stage of
the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the
amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an
opportunity of being heard, make an order in accordance with the provisions of the said sub-section.
(3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the
amount of rent payable by the tenant, the Controller shall, within fifteen days of the date of the first hearing
of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with
the provisions of sub-section (1) or sub-section (2), as the case may be until the standard rent in relation
thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on
the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which
the standard rent is fixed or such further time as the Controller may allow in this behalf.
(4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the
person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the
Controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the
case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the
Controller decides the dispute and makes an order for payment of the same.
(5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant
for reasons which are false or frivolous, the Controller may order the defence against eviction to be struck
out and proceed with the hearing of the application.
(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall
be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but
the Controller may allow such costs as he may deem fit to the landlord.
(7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the
defence against eviction to be struck out and proceed with the hearing of the application.
15
16. Restrictions on sub-letting.—(1) Where at any time before the 9th day of June, 1952, a tenant has
sub-let the whole or any part of the premises and the sub-tenant is, at the commencement of this Act, in
occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for
such sub-letting, the premises shall be deemed to have been lawfully sub-let.
(2) No premises which have been sub-let either in whole or in part on or after the 9th day of June, 1952,
without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sub-let.
(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the
landlord,—
(a) sub-let the whole or any part of the premises held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
(4) No landlord shall claim or receive the payment of any sum as premium or pugree or claim or receive
any consideration whatsoever in cash or in kind for giving his consent to the sub-letting of the whole or any
part of the premises held by the tenant.
17. Notice of creation and termination of sub-tenancy.—(1) Where, after the commencement of this
Act, any premises are sub-let either in whole or in part by the tenant with the previous consent in writing
of the landlord, the tenant or the sub-tenant to whom the premises are sub-let may, in the prescribed manner,
give notice to the landlord of the creation of the sub-tenancy within one month of the date of such
sub-letting and notify the termination of such sub-tenancy within one month of such termination.
(2) Where, before the commencement of this Act, any premises have been lawfully sub-let either in
whole or in part by the tenant, the tenant or the sub-tenant to whom the premises have been sub-let may, in
the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within six months of
the commencement of this Act, and notify the termination of such sub-tenancy within one month of such
termination.
(3) Where in any case mentioned in sub-section (2), the landlord contests that the premises were not
lawfully sub-let, and an application is made to the Controller in this behalf, either by the landlord or by the
sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the landlord or the
issue of the notice by the tenant or the sub-tenant, as the case may be, the Controller shall decide the dispute.
18. Sub-tenant to be tenant in certain cases.—(1) Where an order for eviction in respect of any
premises is made under section 14 against a tenant but not against a sub-tenant referred to in section 17 and
a notice of the sub-tenancy has been given to the landlord, the sub-tenant shall, with effect from the date of
the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in
his occupation on the same terms and conditions on which the tenant would have held from the landlord, if
the tenancy had continued.
(2) Where, before the commencement of this Act, the interest of a tenant in respect of any premises has
been determined without determining the interest of any sub-tenant to whom the premises either in whole
or in part had been lawfully sub-let, the sub-tenant shall, with effect from the date of the commencement
of this Act, be deemed to have become a tenant holding directly under the landlord on the same terms and
conditions on which the tenant would have held from the landlord, if the tenancy had continued.
19. Recovery of possession for occupation and re-entry.—(1) Where a landlord recovers possession
of any premises from the tenant in pursuance of an order made under clause (e) of the proviso to
sub-section (1) of section 14 1
[or under sections 14A, 14B, I4C, 14D and 21], the landlord shall not, except
with the permission of the Controller obtained in the prescribed manner, re-let the whole or any part of the
premises within three years from the date of obtaining such possession, and in granting such permission,
the Controller may direct the landlord to put such evicted tenant in possession of the premises.
(2) Where a landlord recovers possession of any premises as aforesaid and the premises are not
occupied by the landlord or by the person for whose benefit the premises are held, within two months of
obtaining such possession, or the premises having been so occupied are, at any time within three years from
1. Ins. by Act 57 of 1988, s. 10 (w.e.f. 1-12-1988).
16
the date of obtaining possession, re-let to any person other than the evicted tenant without obtaining the
permission of the Controller under sub-section (1) or the possession of such premises is transferred to
another person for reasons which do not appear to the Controller to be bona fide, the Controller may, on an
application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct
the landlord to put the tenant in possession of the premises or to pay him such compensation as the
Controller thinks fit.
20. Recovery of possession for repairs and re-building and re-entry.—(1) In making any order on
the grounds specified in clause (f) or clause (g) of the proviso to sub-section (1) of section 14, the Controller
shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof
from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order
and specify therein the date on or before which he shall deliver possession so as to enable the landlord to
commence the work of repairs or building or re-building, as the case may be.
(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on
the completion of the work of repairs of building or re-building, place the tenant in occupation of the
premises or part thereof.
(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord
fails to commence the work of repairs or building or re-building within one month of the specified date or
fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in
occupation of the premises in accordance with sub-section (2), the Controller may, on an application made
to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the
tenant in occupation of the premises or part thereof or to pay to the tenant such compensation as the
Controller thinks fit.
21. Recovery of possession in case of tenancies for limited period.— 1
[(1)] Where a landlord does
not require the whole or any part of any premises for a particular period, and the landlord, after obtaining
the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as
a residence for such period as may be agreed to in writing between the landlord and the tenant and the
tenant does not on the expiry of the said period, vacate such premises, then, notwithstanding anything
contained in section 14 or in any other law, the Controller may, on an application made to him in this behalf
by the landlord within such time as may be prescribed, place the landlord in vacant possession of the
premises or part thereof by evicting the tenant and every other person who may be in occupation of such
premises.
2
[(2) While making an order under sub-section (1), the Controller may award to the landlord such
damages for the use or occupation of the premises at such rates as he considers proper in the circumstances
of the case for the period from the date of such order till the date of actual vacation by the tenant.]
22. Special provision for recovery of possession in certain cases.—Where the landlord in respect of
any premises is any company or other body corporate or any local authority or any public institution and
the premises are required for the use of employees of such landlord or in the case of a public institution, for
the furtherance of its activities, then, notwithstanding anything contained in section 14 or any other law,
the Controller may, on an application made to him in this behalf by such landlord, place the landlord in
vacant possession of such premises by evicting the tenant and every other person who may be in occupation
thereof, if the Controller is satisfied—
(a) that the tenant to whom such premises were let for use as a residence at a time when he was in
the service or employment of the landlord, has ceased to be in such service or employment; or
(b) that the tenant has acted in contravention of the terms, express or implied, under which he was
authorised to occupy such premises; or
(c) that any other person is in unauthorised occupation of such premises; or
1. Section 21 renumbered as sub-section (1) thereof by Act 57 of 1988, s. 11 (w.e.f. 1-12-1988).
2. Ins. by s. 11, ibid. (w.e.f. 1-12-1988).
17
(d) that the premises are required bona fide by the public institution for the furtherance of its
activities.
Explanation.—For the purposes of this section, “public institution” includes any educational institution,
library, hospital and charitable dispensary 1
[but does not include any such institution set up by any private
trust].
23. Permission to construct additional structures.—Where the landlord proposes to make any
improvement in, or construct any additional structure on, any building which has been let to a tenant and
the tenant refuses to allow the landlord to make such improvement or construct such additional structure
and the Controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord
is ready and willing to commence the work and that such work will not cause any undue hardship to the
tenant, the Controller may permit the landlord to do such work and may make such other order as he thinks
fit in the circumstances of the case.
24. Special provision regarding vacant building sites.—Notwithstanding anything contained in
section 14, where any premises which have been let comprise vacant land upon which it is permissible
under the building regulations or municipal bye-laws, for the time being in force, to erect any building,
whether for use as a residence or for any other purpose and the landlord proposing to erect such building is
unable to obtain possession of the land from the tenant by agreement with him and the Controller, on an
application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to
commence the work and that the severance of the vacant land from the rest of the premises will not cause
undue hardship to the tenant, the Controller may—
(a) direct such severance;
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the premises; and
(d) make such other order as he thinks fit in the circumstances of the case.
25. Vacant possession to landlord.—Notwithstanding anything contained in any other law, where the
interest of a tenant in any premises is determined for any reason whatsoever and any order is made by the
Controller under this Act for the recovery of possession of such premises the order shall, subject to the
provisions of section 18, be binding on all persons who may be in occupation of the premises and vacant
possession thereof shall be given to the landlord by evicting all such person therefrom:
Provided that nothing in this section shall apply to any persons who has an independent title to such
premises.