25A. Provisions of this Chapter to have overriding effect.—The provisions of this Chapter or any
rule made thereunder 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 3
[or under section
14B or under section I4C or under section 14D], shall be dealt with in accordance with the procedure
specified in this section.
1. Added by Act 57 of 1988, s. 12 (w.e.f. 1-12-1988).
2. Chapter IIIA (consisting of sections 25A to 25C ins. by Act 18 of 1976, s. 6 (w.e.f. 1-12-1975).
3. Ins. by Act 57 of 1988, s. 13 (w.e.f. 1-12-1988).
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(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 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.
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
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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.]