03. DRC 21-50

Delhi Law Academy

 

                                        DELHI  RENT  CONTROL  ACT

Section 21(1)               Tenancies for limited period

  • Where a landlord
    • does not require the premises for a particular period
  • and the landlord
    • after obtaining permission of the Controller
  • lets the premises as residence for a period
    • agreed to in writing between the landlord and the tenant
  • and the tenant does not vacate such premises
    • on expiry of the said period
  • then, notwithstanding section 14 or any other law
  • Controller may
    • on an application by the landlord within prescribed time
  • place the landlord in vacant possession of the premises
  • by evicting the tenant
    • and every other person who may be in occupation

 

Section 21(2)

While making an order u/s 21(1):

  • Controller may award to the landlord
    • damages for use or occupation of the premises
    • at such rates as he considers proper
  • for the period
    • from the date of such order
    • till the date of actual vacation by the tenant

                       

Section 25A                 This Chapter to have overriding effect

  • Provisions of this Chapter
    • or any rules made thereunder
  • shall have effect
    • notwithstanding anything inconsistent
    • elsewhere in this Act or in any other law

 

 Section 25B(1)                        Eviction for bona fide requirement

  • Every application by a landlord
    • for recovery of possession of any premises
    • under clause (e) of proviso to section 14(1) or 14A to 14D
  • shall be dealt with
    • in accordance with procedure specified in this section

 

Section 25B(2)

  • The Controller shall issue summons
    • in relation to every such application
    • in the form specified in the Third Schedule

 

Section 25B(3)

(a)

  • In addition to and simultaneously with
    • the issue of summons for service on the tenant
  • Controller shall also direct the summons
    • to be served by registered post, acknowledgement due
    • addressed to the tenant or his agent
    • at the place where he actually and voluntarily resides or carries on business or personally works for gain
  • and may also direct publication of the summons
    • in a newspaper circulating in the locality
    • in which the tenant is last known to have resided or carried on business or personally worked for gain

(b)

  • When an acknowledgement
    • purporting to be signed by the tenant or his agent
    • is received by the Controller or
  • when the registered article is received back
    • with an endorsement by a postal employee
    • that tenant or his agent had refused to take delivery
  • Controller may declare
    • that there has been a valid service of summons

 

Section 25B(4)

  • The tenant on whom summons is duly served
    • whether in the ordinary way or by registered post
  • shall not contest the prayer for eviction
  • unless he
    • files an affidavit stating grounds on which he seeks to contest the application
    • and obtains leave from the Controller
  • and in default of
    • his appearance or his obtaining such leave
  • statement made by the landlord
    • in the application for eviction
    • shall be deemed to be admitted by the tenant and
  • the applicant shall be entitled
    • to an order for eviction

 

Section 25B(5)

  • The Controller shall give to the tenant
    • leave to contest the application
  • if the affidavit filed by the tenant
    • discloses such facts as would disentitle the landlord
    • from obtaining an order for recovery of possession
    • under clause (c ) of proviso to section 14(1) or u/s 14A

 

Section 25B(6)

  • Where leave is granted to the tenant
    • to contest the application
  • Controller shall commence
    • hearing of the application as early as practicable

 

Section 25B(8)

  • No appeal or second appeal shall lie
    • against an order for recovery of possession of any premises
    • made by the Controller as per procedure in this section

Proviso

  • High Court may
    • for satisfying itself that
    • an order made by the Controller under this section
    • is according to law
  • call for records of the case
    • and pass such order as it thinks fit

 

Section 25B (9)

  • Where no application has been made
    • to the High Court on revision
  • Controller may exercise powers of review
    • in accordance with Order XLVII of CPC

 

Section 25B (10)

Save as otherwise provided in this Chapter:

  • procedure for disposal of an application
    • for eviction under clause (e) of proviso to section 14(1) or u/s 14A
  • shall be the same as the procedure
    • for disposal of applications by Controllers

                         

Section 30                   Application of the Chapter

  • This Chapter shall apply
  • to all hotels and lodging houses
    • in areas which, immediately before 7th April 1958
    • were included in New Delhi Municipal Committee, Municipal Committee Delhi and Notified Area Committee Delhi
  • and may be applied by Central Govt by notification
  • to hotels and lodging houses
    • within such other urban areas of Municipal Corporation of Delhi
    • as may be specified in the notification

Proviso

  • If Central Govt is of opinion
    • that it would not be desirable in public interest
    • to make this Chapter applicable to any class of hotels or lodging houses
  • it may, by notification, exempt
    • such class of hotels or lodging houses
    • from operation of this Chapter

 

Section 31(1)               Fixing of fair rate

  • Where the Controller has reason to believe
    • on a written complaint or otherwise
  • that charges for board, lodging or 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

 

Section 31 (2)

In determining such fair rate:

  • Controller shall have regard
    • to circumstances of the case
    • to prevailing rate of charges during 12 months preceding 1st June 1951
    • to any general increase in cost of living after that date

 

Section 33                   Charges in excess of fair rate not recoverable

  • When the Controller has determined
    • fair rate of charges for a hotel or lodging house

(a)

  • manager of the hotel or owner of the lodging house
  • shall not charge any amount
    • in excess of the fair rate and
  • shall not withdraw from the lodger
    • any concession or service allowed at the time when Controller determined the fair rate
    • except with previous written permission of Controller

(b)

  • any agreement for payment of any charges
    • in excess of such fair rate
    • shall be void in respect of such excess

 

Section 35(1)               Appointment of Controllers

  • Central Govt may, by notification
    • appoint as many Controllers as it thinks fit
  • and define
    • the local limits within which
    • the hotels and lodging houses in respect of which
  • each Controller shall exercise his powers and perform his duties

 

Section 35(2)

  • Central Government may also, by notification
    • appoint as many additional Controllers as it thinks fit
  • An additional Controller shall perform
    • such functions of Controller
    • as may be assigned to him in writing by the Controller
  • In discharge of these functions
    • an additional Controller shall have
    • the same powers and duties as the Controller

 

Section 35 (3)

  • A person shall not be qualified
    • for appointment as a Controller or an additional Controller
  • unless he has
    • for at least five years held a judicial office  or
    • for at least seven years been practicing as an advocate in India

 

Section 36 (1)              Powers of Controller

  • Controller may
  • transfer any proceeding pending before him
    • for disposal to any additional Controller
  • withdraw any proceeding pending before any additional Controller
    • and dispose it off himself or
    • transfer the proceeding for disposal to any other additional Controller

 

Section 36 (2)

  • Controller shall have
    • Powers of a civil court under CPC when trying a suit while
  • summoning and enforcing attendance
    • of any person and examining him on oath
  • requiring discovery and production
    • of documents
  • issuing commissions
    • for examination of witnesses

 

Section 36 (4)

  • The Controller may if he thinks fit
    • appoint one or more persons
    • having special knowledge of the matter under consideration
  • as an assessor or assessors
    • to advise him in the proceeding before him

 

Section 38(1)               Appeal to Tribunal

  • An appeal shall lie from every order of Controller
    • only on questions of law
  • to the Rent Control Tribunal
    • consisting of one person only
    • to be appointed by Central Govt by notification
  • Providedthat no appeal shall lie
    • from an order of the Controller made u/s 21

 

Section 38(2)

  • Such appeal shall be preferred
    • within 30 days from the date of order made by the Controller
  • Providedthat Tribunal may entertain the appeal
    • after 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

 

Section 38 (4)

  • Tribunal may transfer
    • on an application made to it or otherwise
  • any proceeding
    • pending before any Controller or additional Controller
    • to another Controller or additional Controller

 

Section 38 (5)

  • A person shall not be qualified
    • for appointment to the Tribunal
  • unless
    • he is or has been a district judge or
    • he has for at least ten years held a judicial office

 

Section 43                   Finality of order

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

 

Section 44 (1)              Landlords to keep the premises in good repair

  • Every landlord shall be bound
    • to keep the premises in good and tenantable repairs

 

Section 44 (2)

  • If the landlord neglects or fails
    • to make any such repairs
    • within a reasonable time after notice in writing
  • the tenant may
    • make the same himself and
    • deduct expenses of such repairs from the rent or
    • otherwise recover them from the landlord

Proviso

  • The amount so deducted or recoverable in any year
    • shall not exceed one-twelfth of the rent
    • payable by the tenant for that year

 

Section 44(3)

  • Where any such repairs are to made
    • without which the premises are not habitable or usable
    • except with undue inconvenience
  • 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 himself
  • and may submit to the Controller
    • an estimate of the cost of such repairs…
  • and thereupon the Controller may
    • after giving the landlord an opportunity of being heard
    • and after considering such estimate of the cost
    • and making such inquires as he may consider necessary
  • permit the tenant to make such repairs
    • at such cost as may be specified in the order

Proviso

  • Amount so deducted or recoverable in any year
    • shall not exceed one-half of the rent
    • payable by the tenant for that year
  • If any repairs not covered by the said amount
    • are necessary in the opinion of Controller
    • and the tenant agrees to bear the excess cost himself
  • Controller may permit the tenant
    • to make such repairs

 

Section 45(1)               Cutting off essential supply or service

  • No landlord shall cut off or withhold
    • without just and sufficient cause
  • any essential supply or service
    • enjoyed by the tenant in respect of premises let to him

 

Section 45 (2)

If a landlord does so:

  • the tenant may make an application
    • to the Controller
    • complaining of such contravention

 

Section 45(3)

  • If 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
  • Controller may pass an order
    • directing the landlord to restore the amenities immediately
    • pending inquiry under sub-section (4)

 

Section 45(4)

  • If the Controller on inquiry finds
    • that the essential supply or service enjoyed by the tenant
  • was cut off or withheld by the landlord
    • without just and sufficient cause
  • he shall make an order
    • directing the landlord to restore such supply or service

 

Section 45(5)

  • The Controller may in his discretion direct
    • that compensation not exceeding fifty rupees

(a)

  • be paid to the landlord by the tenant
    • if the application was made frivolously or vexatioulsy

(b)

  • be paid to the tenant by the landlord
    • if the landlord had cut off or withheld the supply or service
    • without just and sufficient cause

 

Explanation I

  • “essential supply or service” includes
    • supply of water , electricity
    • lights in passages and on staircases
    • conservancy and sanitary services

 

Explanation II

  • Withholding any essential supply or service shall include
    • acts or omissions attributable to the landlord
    • on account of which essential supply or service is cut off
    • by local authority or other competent authority

 

Section 48(1)               Penalties

  • If any person contravenes any provision of section 5
  • he shall be punishable

(a) In case of a contravention of provisions of section 5(1)

  • 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 sub-section by one thousand rupees, or with both

 

(b) In the case of a contravention of the provisions of sub-section (2) or sub-section (3) of section 5, with simple imprisonment for a term which may extend to six months, or with fine which may extend to a sum which exceeds the amount or value or unlawful charge claimed or received under the said sub-section (2) or sub-section (3), as the case may be, by five thousand rupees, or with both

 

Section 48(2)

  • If any tenant sub-lets, assigns
    • or otherwise parts with possession of the whole or part of any premises
  • in contravention of
    • clause (b) of proviso to section 14(1)
  • he shall be punishable
    • with fine upto 1000 rupees

 

Section 48(3)

  • If a landlord re-lets or transfers any premises
    • in contravention of section 19
  • he shall be punishable with
    • imprisonment upto six months or fine or both

 

Section 48(4)
If any landlord contravenes section 45(1)

  • he shall be punishable with
  • imprisonment upto three months or fine or both

Section 48(5)
If any landlord fails

  • to comply with provisions of section 46
  • he shall be punishable
    • with fine upto one hundred rupees

Section 48(6)

  • If any person contravenes the provisions of clause (a) of sub-section (2) of section 47, or fails to comply with a requirement under clause (b) thereof, he shall be punishable with simple imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

 

Section 49(1)               Cognizance of offences

  • A court inferior to that of Metropolitan Magistrate
    • shall not try any offence punishable under this Act

Section 49(2)

  • A court shall not take cognizance
    • of an offence punishable under this Act
  • unless
    • the complaint has been made
    • within 3 months from the date of commission of offence

Section 49(3)

Notwithstanding anything in section 29 of CrPC:

  • it shall be lawful for any Metropolitan Magistrate
    • to pass a sentence of fine exceeding 5000 rupees
    • on a person convicted of an offence punishable under this Act

 

Section 50(1)               Jurisdiction of civil courts barred

Save a otherwise expressly provided in this Act:

  • No civil court shall entertain any suit or proceeding
    • on fixation of standard rent of any premises to which this Act applies
    • or on eviction of any tenant there from
    • or on any other matter which the Controller is empowered to decide
  • and no injunction in respect of any action taken or to be taken by the Controller
    • shall be granted by any civil court or other authority

Section 50(4)

  • This section shall not prevent a civil court
    • from entertaining any suit or proceeding for decision of
    •  any question of title to any premises to which this Act applies
    • or any question as to the person who is entitled to receive rent of such premises

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