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 9th 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 9th 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