02. DRC 14-20 - Delhi Law Academy

Section 14(1) Protection of tenant against eviction

Notwithstanding anything contrary in any other law or contract:
No order or decree for recovery of possession of any premises
- shall be made by any court or Controller
- in favour of the landlord against a tenant

Proviso

Controller may
- on an application made to him
make an order
- for recovery of possession of premises
on one or more of the following grounds only:

(a)

that tenant has neither paid nor tendered
- the whole of the arrears of rent
- legally recoverable from him
within two months of the date
- on which a notice of demand for arrears of rent
- has been served on him by the landlord
- as per section 106 of Transfer of Property Act

(b)

that the tenant has
- sub-let, assigned or
- otherwise parted with possession
- of the whole or part of the premises
without obtaining written consent of the landlord

(c)

that the tenant has used the premises
- for a purpose other than that for which they were let
- without obtaining written consent of the landlord

(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 application for 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

“premises let for residential purposes” include
any premises
- which having been let for use as a residence
- are used incidentally for commercial or other purposes
- without consent of the landlord

(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 building or re-building or making substantial additions or alterations
- which cannot be carried out without the premises being vacated

(h)

that the tenant
- has built a residence
- has acquired vacant possession of a residence or
- has been allotted a residence

(i)

that the premises were let to the tenant
- for use as a residence
- by reason of his being in service or employment of the landlord
and that the tenant has ceased
- to be in such service or employment

(j)

that the tenant has
- caused or permitted to be caused
- substantial damage to the premises

(k)

that the tenant has used or dealt with the premises
- contrary to any condition imposed on the landlord
- by Govt or Delhi Development Authority or 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 Govt or Delhi Development Authority or Municipal Corporation of Delhi
- in pursuance of any improvement scheme or development scheme
and that such building work cannot be carried out
- without the premises being vacated

Section 14(2)

No order for recovery of possession
- shall be made on ground (a) of proviso to section 14(1)
if the tenant makes payment or deposit
- as required by section 15

Proviso

No tenant shall be entitled to this benefit
if having obtained such benefit once
- he again makes a default in payment of rent
- for three consecutive months

Section 14(3)

No order for recovery of possession u/s 14(1)
- shall be binding on any sub-tenant u/s 17
- who has given notice of his sub-tenancy to the landlord
unless
- the sub-tenant is made a party to the proceeding
- and the order for eviction is made binding on him

Section 14(4)

For clause (b) of proviso to section 14(1):

any premises which have been let
- for being used for business or profession
- shall be deemed to have been sub-let by the tenant
if the Controller is satisfied that
- the tenant has allowed any person to occupy the premises
- without obtaining written consent of the landlord
ostensibly on the ground that
- such person is a partner of the tenant in business or profession
but really for sub-letting such premises to that person

Section 14(5)

No application for recovery of possession
- shall lie under clause (e) of proviso to section 14(1)
unless the landlord has given to the tenant a notice
- requiring him to stop misuse of the premises
- and the tenant has failed to comply with such requirement
- within one month of the date of service of the notice
and no order for eviction shall be made
- unless the Controller is satisfied that
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 interests of the landlord

Section 14 (6)

Where a landlord
- has acquired any premises by transfer
no application for
- recovery of possession of such premises
- shall lie under clause (e) of proviso to section 14(1)
unless a period of five years
- has elapsed from the date of acquisition

Section 14 (7)

Where an order for recovery of possession
- is made under clause (c) of proviso to section 14(1)
landlord shall not be entitled to obtain possession
- before expiration of 6 months from the date of order

Section 14(8)

No order for recovery of possession
- shall be made under clause (g) of proviso to section 14(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 public interest
- and that plans of such reconstruction have been properly prepared
- and that necessary funds for the purpose are available with the landlord

Section 14(9)

No order for recovery of possession
- shall be made under clause (l) of proviso to section 14(1)
if the Controller is of opinion
- that there is any bona fide dispute
- as to whether tenant has ceased to be in service or employment of landlord

Section 14(10)

No order for recovery of possession
- shall be made under clause (i) of proviso to section 14(1)
if the tenant
- within time specified by the Controller
carries out repairs to the damage caused
- to the satisfaction of the Controller or
pays to landlord such amount as compensation
- as the Controller may direct

Section 14(11)

No order for recovery of possession
- shall be made under clause (k) of proviso to section 14(1)
if the tenant
- within time specified 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 as compensation
- as the Controller may direct

Section 14A(1) Right to recover immediate possession

Where a landlord who
- being a person in occupation of any residential premises
- allotted to him by Central Govt or any local authority
is required by any order of that Govt or authority
- to vacate such residential accommodation…
or in default
to incur certain obligations
- on the ground that he owns in Delhi
- a residential accommodation
- either in his own name or in the name of his wife or dependent child
there shall accrue to such landlord
- on and from the date of such order
notwithstanding anything
- elsewhere in this Act or in any other law or
- in any contract, custom or usage to the contrary
a right to recover immediately
- possession of any premises let out by him

Proviso

This section does not confer any right
- on a landlord owning in Delhi two or more dwelling houses
- whether in his own name or in the name of his wife or dependent child
to recover 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

Section 14A(2)

Notwithstanding anything in this Act
- or in any other law or in any contract, custom or usage
where landlord exercises right of recovery u/s 14A(1)
- no compensation shall be payable by him to tenant
and no claim for such compensation
- shall be entertained by any court, tribunal or authority

Section 14B(1) Right to members of armed forces

Where the landlord is

(a)

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

(b)

a dependent of a member of armed forces who had been killed in action
- and the premises let out by such member are required
- for residence of the family of such member
such person or the dependant may
- within 1 year from the date of his release or retirement, or death of such member, or
- within one year from commencement of the Amendment Act, 1988
- whichever is later
apply to the Controller
- for recovering immediate possession of such premises

Section 14B(2)

Where landlord is a member of armed forces
- and has less than one year of his retirement
- and the premises are required for his own residence after his retirement
he may apply to the Controller
- at any time within one year before his retirement
for recovering immediate possession of such premises

Section 14B(3)

Where the landlord referred to this section
- has let out more than one premises
it shall be open to him to make an application
- in respect of only one of the premises chosen by him

Explanation

For purposes of this section:

“armed forces” means
- an armed force of the Union constituted under an Act of Parliament
and includes
- the police force constituted u/s 3 of Delhi Police Act 1978

Section 14C(1) Right to Central Govt and Delhi Admn employees

Where landlord is a retired employee of Central Govt or of Delhi Administration
- and the premises let out by him are required for his own residence
such employee may
- within one year from his retirement or
- within one year from commencement of the Amendment Act 1988
- whichever is later
apply to the Controller for recovering
- immediate possession of such premises

Section 14C(2)

Where landlord is an employee of Central Govt or Delhi Administration
- and has less than one year of his retirement
- and the premises are required by him for his own residence after his retirement
he may apply to the Controller
- at any time within one year before his retirement
- for recovering immediate possession

Section 14C (3)

Where the landlord referred to in this section
- has let out more than one premises
it shall be open to him to make an application
- in respect of only one of the premises chosen by him

Section 14D(1) Right to immediate possession to a widow

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 immediate possession of such premises

Section 14D (2)

Where the landlord referred to in this section
- has let out more than one premises
it shall be open to her to make an application
- in respect of any one of the premises chosen by her

Section 15(1) When a tenant gets protection against eviction

In every proceeding of recovery of possession
- under clause (a) of proviso to section 14(1)
Controller shall make an order
- directing the tenant
- to pay to the landlord or to deposit with the Controller
- within one month of the date of order..
an amount at the rate of rent last paid
for the period for which
- arrears of rent were legally recoverable from tenant
including the period subsequent thereto
- up to the end of the previous month
and to continue to pay or deposit, month by month
- a sum equivalent to the rent at that rate

Section 15(2)

In any proceeding for recovery of possession
- on any other ground
if the tenant contests eviction
landlord may make an application to Controller
- for an order on the tenant
- to pay to the landlord
- the amount of rent legally recoverable from him

Section 15(6)

If a tenant makes payment or deposit u/s 15(1)
no order shall be made
- for recovery of possession
- on the ground of default in payment of rent
but the Controller may allow such costs
- as he may deem fit to the landlord

Section 15(7)

If a tenant fails to make payment or deposit
- as required by this section
Controller may order
- the defence against eviction to be struck out
and proceed
- with the hearing of the application

Section 16(1) Restrictions on sub-letting

Where at any time before 9^th June 1952
- a tenant has sub-let the premises
- and the sub-tenant is in occupation of such premises
then notwithstanding that consent of landlord
- was not obtained for such sub-letting
the premises shall be deemed
- to have been lawfully sub-let

Section 16 (2)

Any premises which have been sub-let
- either in whole or in part
- on or after 9^th June 1952
- without obtaining consent in writing of the landlord
shall not be deemed to have been lawfully sub-let

Section 16 (3)

After commencement of this Act:

no tenant shall
- without previous consent in writing of the landlord
sub-let the premises
- held by him as a tenant or
transfer or assign
- his rights in the tenancy

Section 16(4)

No landlord shall claim or receive
- 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 sub-letting of the premises held by the tenant

Section 17(1) Creation and termination of sub-tenancy

Whenever any premises are sub-let
- either in whole or in part by the tenant
- with previous consent in writing of the landlord
the tenant or sub-tenant may give notice
- to the landlord of creation of the sub-tenancy
- within one month of such sub-letting
and notify termination of such sub-tenancy
- within one month of such termination