02. DRC 14-20

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