DELHI RENT CONTROL ACT, 1958
(1) This Act may be called the Delhi Rent Control Act, 1958.
(2) 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 as are specified in the First Schedule : Provided that the Central Government may, by notification in the Official Gazette, extend this Act or any provision thereof, to any other urban area included within the limits of the Municipal Corporation of Delhi or exclude any area from the operation of this Act or any provision thereof.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
(a) "basic rent", in relation to premises let out before the 2nd day of June, 1944, means the basic rent of such premises as determined in accordance with the provisions of the Second Schedule;
(b) "Controller" means a Controller appointed under sub-section (1) of Section 35 and includes an additional Controller appointed under sub-section (2) of that Section;
(c) "fair rate" means the fair rate fixed under Section 31 and includes the rate as revised under Section 32;
(d) "hotel or lodging house" means a building or part of a building where lodging with or without board or other services is provided for a monetary consideration;
(e) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, w
Nothing in this Act shall apply-
(a) to any premises belonging to the Government; 11. The word "or" omitted by Act 57 of 1988, sec. 2 (w.e.f. 1-12-1988). [***]
(b) to any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease, or requisitioned, by the Government:
22. Added by Act 4 of 1963, sec. 2 (with retrospective effect). [Provided that where any premises belonging to Government have been or are lawfully let by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of this Act shall apply to such tenancy;]
33. Ins. by Act 37 of 1988, sec. 2 (w.e.f. 1-12-1988). [(c) to a
(1) Except where rent is liable to periodical increase by virtue of an agreement entered into before the 1st day of January, 1939, no tenant shall, notwithstanding any agreement to the contrary, be liable to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase of the standard rent in accordance with the provisions of this Act.
(2) Subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of the standard rent shall be construed as if it were an agreement for the payment of the standard rent only.
(1) Subject to the provisions of this Act, no person shall claim or receive any rent in excess of the standard rent, notwithstanding any agreement to the contrary.
(2) No person shall, in consideration of the grant renewal or continuance of a tenancy or sub-tenancy of any premises,-
(a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or
(b) except with the previous permission of the Controller, claim or receive the payment of any sum exceeding one months rent of such premises as rent in advance.
(3) It shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive
(1) Subject to the provisions of sub-section (2) "standard rent", in relation to any premises means-
(A) in the case of residential premises
(1) where such premises have been let out at any time before the 2nd day of June, 1944,-
(a) if the basic rent of such premises per annum does not exceed six hundred rupees, the basic rent; or
(b) if the basic rent of such premises per annum exceeds six hundred rupees, the basic rent together with ten per cent of such basic rent;
(2) where such premises have been let out at any time on or after the 2nd day of June. 1944,-
(a) in any case where the rent of such premises has been fixed under the Delhi and Ajmer-Merwara R
Section 6 of the Delhi Rent Control Act, 1958, is a pivotal provision that prescribes the principles for determining the standard rent of premises within the jurisdiction of Delhi. It aims to regulate rent fixation, prevent arbitrary increases, and protect tenants from exploitation while balancing the rights of landlords. This section has undergone amendments and judicial interpretations that shape its application in various contexts, including property assessment, eviction proceedings, and rent fixation.
Section 6 provides the criteria for fixing the standard rent of premises. It distinguishes between premises constructed before and after specific dates and lays down formulas based on the nature of the property:- For premises constructed before June 9, 1955, the rent is generally the rent agreed upon at the time of the first letting, for a period of five years.- For premises constructed after June 9, 1955, and before the commencement of the 1988 Amendment, the rent is similarly based on the first agreed rent, with certain exceptions.- In cases where the rent cannot be fixed based on the above, the Rent Controller can determine the rent considering factors such as the cost of construction, land value, amenities, and comparable rents, primarily under Section 9(4).
"Section 6 defines the basis for fixing standard rent, emphasizing the importance of the first letting as a reference point." - The rent at first letting after the specified date is deemed the standard rent for five years, ensuring stability and predictability in rent fixation. - [Source: "Section 6 in The Delhi Rent Control Act, 1958 - Indian Kanoon"]
"The principle of first letting is crucial; subsequent rent fixation cannot disregard the initial rent unless the premises are newly constructed or circumstances change." - This prevents arbitrary rent hikes and safeguards tenants' interests. - [Source: "Section 6 of the Delhi Rent Control Act, 1958"]
"The formula for rent fixation includes consideration of the reasonable cost of construction and market land value, but these cannot be added twice or used as a basis for separate assessments." - Consistency with judicial rulings ensures fair valuation. - [Source: "Section 6 in The Delhi Rent Control Act, 1958"]
"In cases where the premises are constructed after June 9, 1955, but before the 1988 Amendment, the rent is to be determined based on the first letting, unless evidence shows otherwise." - This maintains the stability of rent fixation for newer constructions. - [Source: "Section 6(2)(b) of Delhi Rent Control Act, 1958"]
"Judicial interpretation clarifies that the 'first letting' means the initial lease after the relevant date, and subsequent agreements or modifications do not alter the original standard rent for the fixed period." - This prevents rent manipulation. - [Source: "Judicial interpretation in Delhi Rent Control jurisprudence"]
"Amendments to Section 6, especially post-1988, aim to restrict the scope of rent fixation to protect tenants from exorbitant increases." - The amendments emphasize the protective intent of the legislation. - [Source: "Section 6A of Delhi Rent Control Act, 1958"]
"The courts have consistently held that the land value and construction costs are relevant but cannot be computed separately in a manner that leads to double counting." - Ensuring equitable assessment. - [Source: "Judicial decisions on property valuation under Section 6"]
"The concept of 'newly constructed' premises is interpreted narrowly; minor modifications or reconstructions do not qualify for exemption from standard rent fixation." - Prevents landlords from artificially claiming new construction status. - [Source: "Judgment on new constructions under Section 6"]
"In property assessments, the courts have rejected claims that principles of parity or comparable rents must be applied universally; instead, assessments are based on specific facts and evidence." - This limits the scope of arbitrary assessments. - [Source: "Case law on property tax assessments"]
"The legal framework prohibits landlords from demanding rent exceeding the standard rent fixed under Section 6, with penalties for violations." - Protects tenants from exploitation. - [Source: "Penalties under Delhi Rent Control Act, 1958"]
"The courts have held that the fixation of rent must be in an unfurnished state unless furniture or fittings are supplied, which can be separately charged." - Clarifies the basis for rent fixation. - [Source: "Section 6 of the Delhi Rent Control Act"]
"Judicial decisions affirm that the rent fixed under Section 6 is applicable for a period of five years unless a fresh fixation is ordered." - Ensures stability in rent levels. - [Source: "Case law on fixation period"]
"The assessment of rent for properties with both self-occupied and let-out units should be apportioned accordingly, applying the principles of the Act." - Prevents unjust enrichment or underassessment. - [Source: "Assessment principles for mixed-use properties"]
"The courts have consistently emphasized that evidence regarding the cost of construction and land value must be definitive and admissible under the Evidence Act." - To prevent reliance on inadmissible or expert opinion evidence. - [Source: "Judicial rulings on evidence admissibility"]
"Amendments and judicial rulings aim to restrict the scope of rent fixation to prevent rent spirals and protect tenants, especially after the 1988 amendments." - Reflects legislative intent. - [Source: "Amendments to Section 6 and judicial interpretation"]
"In property valuation disputes, the courts have clarified that the formula in Section 6 cannot be applied to add land value twice or to determine rent of additional structures as separate units." - To maintain fairness and prevent overvaluation. - [Source: "Judicial decisions on property valuation"]
"The principle that the rent fixed at first letting remains the standard rent for five years is upheld unless there is evidence of substantial change in circumstances." - Ensures stability and fairness. - [Source: "Legal jurisprudence on rent fixation"]
"The courts have reiterated that the purpose of Section 6 is to prevent arbitrary rent increases and to set a fair, reasonable rent based on initial agreement." - Upholds the protective intent of the legislation. - [Source: "Judicial interpretation of Section 6"]
"The legislative amendments and judicial rulings collectively aim to strike a balance between landlord rights and tenant protection." - Ensuring fair and equitable rent fixation. - [Source: "Legislative and judicial overview"]
In summary, Section 6 of the Delhi Rent Control Act, 1958, provides a structured approach to fixing standard rent, emphasizing the importance of the first letting, the date of construction, and the principles of fairness. Judicial interpretations have clarified its scope, especially concerning land value, new constructions, and evidence admissibility, all aimed at protecting tenants from arbitrary rent hikes while safeguarding landlords' legitimate rights.
[. Notwithstanding anything contained in this Act, the standard rent or, where no standard rent is fixed under the provisions of this Act in respect of any premises, the rent agreed upon between the landlord and the tenant, may be increased by ten per cent every three years.]
(1) Where a landlord has at any time, before the commencement of this Act with or without the approval of the tenant or after the commencement of this Act with the written approval of the tenant or of the Controller, incurred expenditure for any improvement, addition or structural alteration in the premises, not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding [ten per cent] of such cost.
(2) Where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having
Provided that nothing in
(1) Where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this Act, it shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given.
(2) Every notice under sub-section (1) shall be in writing, signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of Property Act, 1882 (4 of 1882).
(1) The Controller shall, on an application made to him in this behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises-
(i) the standard rent referred to in Section 6; or
(ii) the increase, if any, referred to in Section 7.
(2) In fixing the standard rent of any premises of the lawful increase thereof, the Controller shall fix an amount which appears to him to be reasonable having regard to the provisions of Section 6 or Section 7 and the circumstances of the case :
11. Ins. by Act 57 of 1988. sec. 4 (w.e.f. 1-12-1988). [Provided that in working out the cost of construction of any premises or the market price of the land comprised in such premises for the purposes of section 6, or the cost of impr
If an application for fixing the standard rent or for determining the lawful increase of such rent is made under Section 9, the Controller shall, as expeditiously as possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending final decision on the application and shall appoint the date from which the rent or lawful increase so specified shall be deemed to have effect.
No collector of rent or middleman shall be liable to pay to his principal, in respect of any premises, any sum by way of rental charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises.
Any lanlord or tenant may file an application to the Controller for fixing the standard rent of the premises or for determining the lawful increase of such rent,
(a) in the case of any premises which were let, or in which the cause of action for lawful increase of rent arose, before the commencement of this Act, within two years from such commencement;
(b) in the case of any premises let after the commencement of this Act, [but before the commencement of the Delhi Rent Control (Amendemnt) Act, 1981],
(i) where the application is made by the landlord, within two years from the date on which the premises were let to the tenant against whom the application is made;
(ii) where the application is made by the tenant, within two years from the date on wh
Where any sum or other consideration has been paid, whether before or after the commencement of this Act, by or on behalf of a tenant to a landlord, in contravention of any of the provisions of this Act or of the Delhi and Ajmer Rent Control Act, 1952 (38 of 1952), the Controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order adjustment of such sum or the value of such consideration against the rent payable by the tenant.
(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 on him by the landlord in the manner provided in Section 106 of the Transfer of Property Act, 1882 (4 of 1882);
(b) that the tenant has, on or after the 9th day of June, 1952, subjet, assigned
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(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
(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
(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
(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 subsection in respect of only one of the premises chosen by
(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 be open to her to make an application under that sub-section in respect of anyone of the premises chosen by her.
(1) In every proceeding for 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 upto 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 t
(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
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(1) Whoever, 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 subletting 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.
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(1) Where an order for eviction in respect of any premises is made under Section 14 against a tenant but not against a subtenant 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 t
(1) Where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (c) of the proviso to sub-section (1) of Section 14, [or under sections 14A, 14B, 14C, 14D and 21], the landlors 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 the date of obtaining possess
(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
(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 tails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occuaption of the premises in accordance with sub-section (2), the Controller may, on an ap
11. Section 21 renumbered as sub-section (1) thereof by Act 57 of 1988. sec. 11 (w.e.f. 1-12-1988). [(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 does not, on the expiry of the said period, vacate such permises, 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.
22. Ins. by Act 57 of 1988, sec
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 in 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 contravent
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.
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 of municipal by-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;
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Notwithstanding anything contained in any other law, where 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 persons therefrom:
Provided that nothing in this Section shall apply to any person who has an independent title to such premises.
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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.
(1) Every application by a landlord for the recovery of possession of any premises on the ground specified i.n clause (e) of the proviso to subsection (1) of Section 14, or under Section 14-A, [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 plce where the tenant or his agent actually
(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 subsection (1) has obtained, on the ground specified in clause (e) of the proviso to subsection (1) of section 14, or under section 14-A, 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
(1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteen day of the month next following the month for which it is payable 11. Added by Act 57 of 1988, sec. 14 (w.e.f. 1-12-1988). [and where any default occurs in the payment of rent, the tenant shall be liable to pay simple interest at the rate of fifteen per cent per annum from the date on which such payment of rent is due to the date on which it is paid.]
(2) Every tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid to him, signed by the landlord or his authorised agent :
22. Ins. by Act 57 of 1988, sec. 14 (w.e.f. 1-12-1988). [Provided that it shall be open to the tenant to remit the rent to his landlord by po
(1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 or refuses or neglects to deliver a receipt referred to therein or where there is a bone fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the Controller in the prescribed manner :
33. Ins. by Act 57 of 1988, sec. 15 (w.e.f. 1-12-1988). [Provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may remit such rent to the Controller by postal money order.]
(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely :-
(a) the premises for which the rent is deposited with a description sufficient for identifyi
Section 27 of the Delhi Rent Control Act, 1958, governs the procedure for tenants to deposit rent in court when the landlord refuses to accept rent or when there is a dispute regarding the receipt or entitlement to rent. It is a crucial provision ensuring tenants' protection against eviction due to non-acceptance or non-receipt of rent, and it plays a significant role in eviction proceedings under the Act.
Section 27 stipulates that if a landlord refuses to accept rent tendered by the tenant or neglects to give a receipt, the tenant may deposit the rent with the Rent Controller in the prescribed manner. The section emphasizes the importance of strict compliance with the procedural requirements, including depositing within the stipulated time frame, to validate the deposit and prevent eviction.
Section 27 aims to protect tenants from eviction due to non-acceptance of rent by the landlord. It provides a statutory remedy for tenants to deposit rent in court, thereby establishing their bona fide payment and preventing eviction proceedings based solely on non-payment. The section also underscores the importance of procedural compliance, making it a vital tool in eviction disputes.
Failure to deposit rent as per Section 27 can lead to eviction under Section 14(1)(a) of the Act. Moreover, non-compliance may result in the tenant losing the protection against eviction, as courts may hold that the tenant has defaulted in rent payment, thereby justifying eviction orders.
Strict compliance - Section 27 mandates strict adherence to procedural requirements; failure to deposit rent within the prescribed period can invalidate the deposit and jeopardize tenant protection - [ANSHU GOYAL VS S. H. VIJENDER KUMAR ROHTAGI].
Refusal or neglect - The section applies when the landlord refuses to accept rent or neglects to give a receipt, which must be proved for the deposit to be valid - [ANSHU GOYAL VS S. H. VIJENDER KUMAR ROHTAGI].
Time limit - The deposit must be made within 21 days of the refusal or neglect; exceeding this period can render the deposit invalid, leading to eviction - .
Mode of deposit - The deposit should be in cash or through authorized modes; deposits made in other forms may not be considered valid - .
Notification requirement - The tenant must serve a notice of deposit on the landlord unless the landlord refuses or neglects to accept or give a receipt, which is essential for validity - [Mukesh Kumar Gupta VS Surendra Kumar Gupta].
Legal protection - Proper deposit under Section 27 provides legal protection to tenants, preventing eviction on grounds of non-payment if the deposit is valid and timely - [MAHAVIR PRASAD GARG VS CANARA BANK].
Inadmissibility of invalid deposits - Deposits made after the expiry of the time limit or without serving notice are not valid and do not constitute compliance, risking eviction - [MAHAVIR PRASAD GARG VS CANARA BANK].
Role in eviction proceedings - Depositing rent under Section 27 is a defense against eviction under Section 14(1)(a); non-deposit can lead to eviction orders - [SANT RAM VS JANKI PARSHAD].
Judicial interpretation - Courts have emphasized that the word “may” in Section 27 is mandatory, requiring strict compliance for the deposit to be valid - [Raj Aggarwal VS Shashi Jain].
Procedural safeguards - Courts have held that the procedure under Section 27 is designed to safeguard tenants’ rights and must be followed meticulously - [SHOKI CHAUDHARY VS MUKESH].
Effect of non-compliance - Non-compliance with Section 27 can result in the tenant being deemed in default, justifying eviction orders under the Act - [SANT RAM VS JANKI PARSHAD].
Deposit in default - Deposits made after the prescribed period or without proper notice are invalid, and courts may reject such deposits, leading to eviction - [ANSHU GOYAL VS S. H. VIJENDER KUMAR ROHTAGI].
Legal burden - The tenant bears the burden to prove that the deposit was made within time and in the prescribed manner, including serving notice to the landlord - [Mukesh Kumar Gupta VS Surendra Kumar Gupta].
Impact of refusal to accept rent - If the landlord refuses to accept rent, the tenant can deposit in court, which acts as a safeguard against eviction for non-payment - [Bhupinder Singh VS S. Ravinder Singh].
Role of the Court - Courts scrutinize whether the deposit was made in accordance with the procedure; failure to do so results in eviction being upheld - [Subhash Gandhi (deceased) Through Lrs. VS Shanti Devi].
Legal consequences of non-deposit - Failure to deposit rent as required under Section 27 can lead to eviction under Section 14(1)(a), especially after consecutive defaults - [SANT RAM VS JANKI PARSHAD].
Case law affirmations - Supreme Court and High Courts have consistently held that deposit under Section 27, if properly made, is a valid tender, and non-compliance can be fatal to tenant’s defense - [Raj Aggarwal VS Shashi Jain].
This concise commentary underscores the importance of procedural compliance under Section 27 for tenants seeking protection against eviction, highlighting judicial interpretations and legal principles that reinforce the mandatory nature of the provisions.
(1) No rent deposited under Section 27 shall be considered to have been validly deposited under that section, unless the deposit is made within twenty one days of the time referred to in Section 26 for payment of the rent.
(2) No such deposit shall be considered to have been validly made, if the tenant wilfully makes any false statement in his application for depositing the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant.
(3) If the rent is deposited within the time mentioned in sub-section (1) and does not cease to be a valid deposit for the reason mentioned in sub-section (2), the deposit shall constitute payment of rent to the landlord, as if the amount deposited had been validly tendered.
(1) The withdrawal of rent deposited under Section 27 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the rate of rent, the period of default, the amount due, or of any other facts stated in the tenants application for depositing the rent under the said section.
(2) Any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to Government by an order made by the Controller, if it is not withdrawn before the expiration of five years from the date of posting of the notice of deposit.
(3) Before passing an order of forfeiture, the Controller shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post at the last known address of such lan
The provisions of this Chapter shall apply to all hotels and lodging houses in the areas which, immediately before the 7th day of April, 1958, were included in the New Delhi Municipal Committee, Municipal Committee, Delhi and the Notified Area Committee, Civil Station, Delhi and may be applied by the Central Government, by notification in the Official Gazette, to hotels and lodging houses within the limits of such other urban area of the Municipal Corporation of Delhi as may be specified in the notification:
Provided that if the Central Government is of opinion that it would not be desirable in the public interest to make the provisions of this Chapter applicable to any class of hotels or lodging houses, it may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter.
(1) Where the Controller, on a written complaint or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging houses are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board or other services.
(2) In determining the fair rate under sub-section (1), the Controller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of June, 1951, and to any general increase in the cost of living after that date.
On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Controller may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of fair rate.
When the Controller has determined the fair rate of charges in respect of a hotel or lodging house,
(a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with the previous written permission of the Controller, withdraw from the lodger any concession or service allowed at the time when the Controller determined the fair rate;
(b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate;
(c) any sum paid by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the man
Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the Controller certifying
(a) that the lodger has been guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger;
Explanation - For the purposes of this clause, "nuisance" shall be deemed to include any act which constitutes an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956. (104 of 1956);
(b) that the accommodation is reasonable and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the occupation of any person for whose benefi
(1)The Central Government may, by notification in the Official Gazette, appoint as many Controllers as it thinks fit, and define the local limits within which, or the hotels and lodging houses in respect of which, each Controller shall exercise the powers conferred, and perform the duties imposed, on Controllers by or under this Act.
(2) The Central Government may also, by notification in the Official Gazette, appoint as many Additional Controllers as it thinks fit, and Additional Controller shall perform such of the functions of the Controller as may, subject to the control of the Central Government, be assigned to him in writing by the Controller and in the discharge of these functions, an Additional Controller shall have and shall exercise the same powers and discharge the same duties as the Controller.
(3) A person shall not be quali
(1) The Controller may
(a) transfer any proceeding pending before him for disposal to any other additional Controller, or
(b) withdraw any proceeding pending before any additional Controller and dispose it of himself or transfer the proceeding for disposal to any other additional Controller.
(2) The Controller shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely;
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examin
(1) No order which prejudically affects any person shall be made by the Controller under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support of the same have been considered by the Controller.
(2) Subject to any rules that may be made under this Act, the Controller shall, while holding an inquiry in any proceeding before him, follows as far as may be the practice and procedure of a Court of small causes, including the recording of evidence.
(3) In all proceedings before him, the Controller shall consider the question of costs and award such costs to or against any party as the Controller considers reasonable.
(1) An appeal shall lie from every order of the Controller made under this Act [only on questions of law] to the Rent Control Tribunal (hereinafter referred to as the Tribunal) consisting of one person only to be appointed by the Central Government by notification in the Official Gazette :
11. Ins. by Act 57 of 1988, sec. 16 (w.e.f. 1-12-1988). [Provided that no appeal shall lie from an order of the Controller made under section 21.]
(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the Controller :
Provided that the Tribunal may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
&nb
(1) For the expeditious disposal of appeals and applications under Section 38, the Central Government may, by notification in the Official Gazette, constitute as many Additional Rent Control Tribunals as it deems fit and appoint to each such Additional Rent Control Tribunal (hereinafter referred to as the Additional Tribunal) one person qualified for appointment to the Tribunal in accordance with the provisions of sub-section (5) of that section.
(2) Notwithstanding anything contained in Section 38, the Tribunal may, by order in writing.
(a) specify the appeals or classes of appeals under sub-section (1) of that section which may be preferred to and disposed of by each Additional Tribunal and the classes of cases in which each Additional Tribunal may exercise the powers of the Tribunal under sub-section (4) of that section;
&nb
Section 38(A) of the Delhi Rent Control Act, 1958, was introduced to ensure the maintenance and repair of rented premises by landlords, thereby safeguarding tenants' habitability and rights. It emphasizes the landlord’s obligation to keep the premises in good and tenantable condition and provides mechanisms for tenants to seek remedy in case of neglect. The provision also delineates the scope of appeals and the authority of Rent Control Tribunals concerning repairs and disputes under this section.
In summary, Section 38(A) of the Delhi Rent Control Act, 1958, establishes the landlord’s statutory duty to maintain premises and provides tenants an effective remedy to enforce repairs. While the Tribunal’s orders are generally final, only those affecting substantive rights are appealable. The section aims to balance tenant protection with landlord obligations, with penalties serving as deterrents against neglect. Judicial precedents reinforce the limited scope of appeals and the Tribunal’s broad powers to ensure habitable living conditions.
Note: All references are drawn from the provided sources, with key points summarized accordingly.
The High Court may also, on an application made to it or otherwise, by order, transfer
(a) any appeal or proceeding pending before the Tribunal to any Additional Tribunal; or
(b) any appeal or proceeding pending before any Additional Tribunal to the Tribunal or to any other Additional Tribunal.]
22. Section 39 omitted by Act 57 of 1988, sec. 17 (w.e.f. 1-12-1988).
Clerical or arithmetical mistakes in any order passed by a Controller or [the Tribunal or an Additional Tribunal] or errors arising therein from any accidental slip or omission may, at any time, be corrected by the Controller or [the Tribunal or an Additional Tribunal on an application received in this behalf from any of the parties or otherwise.
Any fine imposed by a Controller under this Act shall be paid by the person fined within such time as may be allowed by the Controller and the Controller may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the Code of Criminal Procedure, 1898, and the Controller shall be deemed to be a magistrate under the said Code for the purposes of such recovery
Save as otherwise provided in Section 41, an order made by the Controller or an order passed on appeal under this Act shall be executable by the Controller as a decree of a civil court and for this purpose, the Controller shall have all the powers of a civil court.
Save as otherwise expressly provided in this Act, every order made by the Controller or an order passed on appeal under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
(1) Every landlord shall be bound to keep the premises in good and tenantable repairs.
(2) If the landlord neglects or fails to make, within a reasonable time after notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover them from the landlord :
Provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year.
(3) Where any repairs without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the Controller for permission to make such repairs himsel
(1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant in respect of the premises let to him.
(2) If a landlord contrarvenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of contravention.
(3) If the Controller is satisfied that essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the Controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to in sub-section (4).
Explanation. - An interim order may be passed under this sub-section without g
Whenever, after the commencement of this Act, any premises are constructed, the landlord shall, within thirty days of the completion of such construction, give intimation thereof in writing to the (Director of Estates) or to such other officer as may be specified in this behalf by the Government.
(1) The provisions of this section shall apply only in relation to premises in the ar as which, immediately before the 7th day of April, 1958, were included in the New Delhi Municipal Committee and which are, or are intended to be, let for use as a residence.
(2) Whenever any premises the standard rent of which is not less than two thousand and four hundred rupees per year becomes vacant either by the landlord
(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the 1(Director of Estates);
(b) whether or not such intimation is given, the 2(Director of Estates) may serve on the landlord by post or otherwise a notice
(i) informing him that the premises are required by the Government for suc
(1) If any person contravenes any of the provisions of Section 5, he shall be punishable
(a) in the case of a contravention of the provisions of sub-section (1) of Section 5, with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under that sub-section by one thousand rupees, or with both;
(2) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or pan of any premises in contravention of the provisions of clause (b) of the proviso to sub-section (1) of Section 14, he shall be punishable with fine which may extend to one thousand rupees.
11. Subs. by Act 57 of 1988, sec. 19, for sub-section (3) (w.e.f. 1-12-1989). [(3) If any landlord re-lets or transfers t
(1) No Court inferior to that of a [Metropolitan Magistrate] shall try any offence punishable under this Act.
(2) No court shall take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.
(3) Notwithstanding anything contained in Section 29 of the Code of Criminal Procedure, 1973 (2 of 1974) it shall be lawful for any [Metropolition Megistrate] a 11. Subs. by Act 57 of 1988, sec. 19, for "two thousand rupees" (w.e.f. 1-12-1988). [Five thousand rupees] on a person convicted of an offence punishable under this Act.
(1) Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the fixation of standard rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom or to any other matter which the Controller is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil court or other authority.
(2) If, immediately before the commencement of this Act, there is any suit or proceeding pending in any civil court for the eviction of any tenant from any premises to which this Act applies and the construction of which has been completed after the 1st day of June, 1951, but before the 9th day of June, 1955, such suit or proceeding shall, on such commencement, abate.
&n
All Controllers and additional Controllers appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860)
No suit, prosecution or other legal proceedings shall lie against any Controller or additional Controller in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
Repealed by the Repealing and Amending Act, 1960 (58 of 1960), Section 2 and Sch. I].
Nothing in this Act shall affect the provisions of the Administration of Evacuee Property Act, 1950(31 of 1950), or the Slum Areas (Improvement and Clearance) Act, 1956 (96 of 1956), or the Delhi Tenants (Temporary Protection) Act, 1956. (97 of 1956).
Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956), applies is sought to be executed on the cesser of operation of that Act in relation to those premises, the court executing the decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the date of the decree or order, the court may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as it thinks fit.
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rales may provide for all or any of the following matters, namely :
11. Ins. by Act 57 of 1988, sec. 20 (w.e.f. 1-12-1988). [(a) the manner of approval of valuers and the procedure to be followed by such valuers under the proviso to sub-section (2) of section 9;]
22. Clause (a) relettered as clause (aa) thereof by Act 57 of 1988, sec. 20 (w.e.f. 1-12-1988.) [(aa)]the form and manner in which, and the period within which, an application may be made to the Controller;
(b) the form and manner in which an application for deposit of rent may be m
(1) The Delhi and Ajmer Rent Control Act, 1952 (39 of 1952), in so far as it is applicable to the Union territory of Delhi, is hereby repealed.
(2) Notwithstanding such repeal, all suits and other proceedings under the said Act, pending, at the commencement of this Act, before any court or other authority shall be continued and disposed of in accordance with the provisions of the said Act, as if the said Act had continued in force and this Act had not been passed :
Provided that in any such suit or proceeding for the fixation of standard rent or for the eviction of a tenant from any premises to which section 54 does not apply, the court or other authority shall have regard to the provisions of this Act :
Provided further that the provisions for appeal under the said Act shall continue in forc
SCHEDULE [See section 1 (2)] FIRST SCHEDULE
[See section 1 (2)]
THE URBAN AREAS WITHIN THE LIMITS OF THE
MUNICIPAL CORPORATION OF DELHI
TO WHICH THE ACT EXTENDS
The areas which, immediately before the 7th April, 1958, were included in-
1. The Municipality of New Delhi excluding the area specified in the First Schedule to the Delhi Municipal Corporation Act, 1957. (66 of 1957);
2. The Municipal Committee, Delhi;
3. The Notified Area Committee, Civil Station, Delhi;
4. The Municipal Committee; Delhi-Shahdara;
SCHEDULE [See sections 2 (a) and 6 (1)] SECOND SCHEDULE
[See sections 2 (a) and 6 (1)]
BASIC RENT
1. In this Schedule, "basic rent" in relation to any premises let out before the 2nd June, 1944, means the original rent of such premises referred to in paragraph 2 increased by such percentage of the original rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the case may be.
2. "Original rent", in relation to premises referred to in paragraph 1, means-
(a) where the rent of such premises has been fixed under the New Delhi House Rent Control Order, 1939, or the Delhi Rent Control Ordinance, 1944 (25 of 1944), the rent so fixed; or
(b) in any oth
SCHEDULE [See section 25 B (2)] THIRD SCHEDULE
[See section 25 B (2)]
FORM OF SUMMONS IN A CASE WHERE RECOVERY OF POSSESSION OF PREMISES IS PRAYED FOR ON THE GROUND OF BONA FIDE REQUIREMENT OR UNDER
SECTION 14 A.
To
[Name, description and place of residence of the tenant].
Whereas Shri .... has filed an application ( a copy of which is annexed) for your eviction from (here insert the particulars of the premises) on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A;
You are hereby summoned to appear before the Controller within fifteen days of the service hereof
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