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Judgment Of High Court In Delhi: BHAGWATI PRASAD GARG versus RAKESH CHAUDHARY 28.05.2012

CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 Impugned judgment is dated 29.8.2011; the application filed by the tenant in pending proceedings under Section 14(1)(e) of the DRCA had been dismissed. Eviction petition filed by the landlord had been decreed.
2 Record shows that the present eviction petition had been filed by landlord Rakesh Chaudhary on the ground of bonafide need. The premises in dispute is a part of property No.57, Subhash Market, Kotla Mubarakpur, Delhi; they comprise of three rooms i.e. two store rooms and one shop on the ground floor; they have been depicted in red colour in the site plan; out of these three rooms one is being used as a shop and the other two are being used as godowns for storage purpose. Contention of the petitioner is that he along with his brother Vinod Choudhary are the co-owners of the properties bearing No.54 and57, Subhas Market, Kotla Mubarakpur, Delhi. These properties had been bequeathed to them by virtue of a will of their father. The brothers had arrived at a family settlement on 01.4.2007 whereby the portion as depicted in blue colour in the site plan had fallen to the share of his brother and portion as shown in green colour had fallen to the share of the present petitioner; stair case was common. This family settlement had been acted upon and there upon a memorandum dated 06.9.2007 had also been executed between the parties. Contention is that the present petitioner is living in the rooms marked A, B, C which is in the blue coloured portion which belongs to his brother Vinod Choudhary; in terms of the aforenoted settlement; this portion has gone to the share of his brother Vinod Choudhary and the parties had agreed that the premises which has fallen to share of Vinod Choudhary (which is presently in occupation of the present petitioner) will be vacated by him. Further contention is that the family of the petitioner consist of himself, his mother Ram Wati, his wife Roshni and two sons namely Raunaq and Sahil aged 13 and 11 years respectively. The size of the family is not in dispute. It is also not in dispute that the portion presently in occupation of the petitioner has fallen to the share of Vinod Choudhary in terms of the settlement. The vehement submission of the learned counsel for the petitioner/tenant is that the portion shown in red colour which is adjacent to the disputed premises comprises of three rooms and which have now been vacated by other tenants on 30.4.2011satisfies the need of the landlord. This is in fact the only submission which has been urged before this Court. 3 The status of the parties as owner/landlord had not been disputed; only argument addressed is on the issue that the landlord has already a sufficient alternate accommodation available with him or not.
4 What is now borne out from the record is that a family settlement had in fact been arrived at between the parties. It is even otherwise not for the tenant to lay any challenge when a settlement had been arrived at interse between the brothers. It is also not in dispute that in terms of the settlement (written memorandum dated 06.9.2007) the portion A, B, C which is in the blue colour had been agreed to be vacated by the landlord in favour of his brother and since the portion adjacent to the disputed premises which also comprises of three rooms had fallen vacant on 30.4.2011 (pursuant to order of the court in another eviction petition) this portion had also come into the hands of the landlord; even then the accommodation with the petitioner (as is clear from the averments made in the eviction petition) which is a minimum of seven rooms is insufficient. The size of the family of the petitioner as noted supra is not in dispute. One room is required for the mother of the petitioner; one room for the petitioner and his wife, one room for his children. Apart from three bed rooms a drawing/dining room, one puja room (for his aged mother) and a study room for his two children as also a kitchen are the requirement of the family of the petitioner. The accommodation which has fallen vacant on 30.4.2011 comprises of three rooms; the accommodation where the landlord is presently residing has fallen to the share of his brother and he has to vacate this property; the portion now available with the landlord is only three rooms; the accommodation with the present tenant is two godowns and a shop which the petitioner proposes to add to the existing three rooms
(which had fallen vacant on 30.4.2011) and thus give some kind of semblance to his need which has been established to be bonafide and genuine. 5 It is for the landlord to decide his own requirement and it is not for the tenant to dictate terms to him. The averments made in the eviction petition clearly show that the effective need of the landlord is seven rooms. It is only if the demised premises are added to the existing accommodation (fallen vacant on 30.4.2011) can the need of the landlord be satisfied; he would thus have six rooms in his occupation; he admittedly has to vacate the premises marked A,B and C which are his brother’s share of the property. 6 Averments made in the application seeking leave to defend as also the oral arguments are all bordered on this submission; submission being that the need of the landlord is satisfied by the vacation of the three rooms on 30.4.2011. This submission is factually incorrect.
7 In this background the impugned judgment holding that the landlord is entitled for a decree of eviction as no triable issue which has to emanate from the application of the tenant for leave to defend suffers from no infirmity; leave to defend cannot not have been granted in a routine and mechanical manners. Petition is without any merit. Dismissed. INDERMEET KAUR, J

MAY 28, 2012

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Judgment Of High Court In Delhi: NAMDEV versus SANJAY GUPTA 28.05.2012

CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1. Impugned order is dated 19.04.2011 vide which the eviction petition filed by the landlord under Section 14(1)(e) of the Delhi Rent Control Act (DRCA) had been decreed; application filed by the tenant seeking leave to defend had been dismissed.
2. Record shows that the present eviction petition has been filed by the landlord on the gourd of bonafide requirement. Suit premises had been let out to the tenant for a non-residential purpose i.e. for running a business of trading of Aggarbatti and Dhoopbatti; disputed premises are described as shop No. 6118-19, Gali Batashan, Bazar Khari Baoli, Delhi-110006. The bona fide need has been disclosed in para 18 of the eviction petition. Contention of the petitioner is that he is the owner and landlord of the disputed preemies; this factum is not in dispute. Further contention is that the petitioner is carrying on business of trading of various botanical, medicinal herbs and crude drugs, dry fruits; this business is being run for the last more than 70 years and his forefathers had started this business; the total sale in the year 2007-08 was 2.70 cores and the closing stocks on the said date were Rs. 1.61 crores. In the financial year 2008-09 the petitioner had made sales of 3.20 cores till the closing of January 2009; the trade of the petitioner and his family has acquired a name in itself; at present, the petitioner is running his business from shop No. 8, Gopinath building Gali batshan, Kari Baoli, Delhi which is a shop measuring 13’.10” x 8’; this is a small shop and it is very difficult for the petitioner to accommodate all kinds of articles which the landlord is selling i.e. herbs , crude drugs and dry fruits; there are more than 100 items which are always available and on display at the shop; the landlord is actually dealing with more than 500 items; herbs are available in various grades and depending upon their quality and specifications they are packed in different bags as per retail requirements; there are hundreds of species of herbs, crude drugs and dry fruits and the customer of such like goods wants to inspect not only the quality of the goods but also wish to make a comparison of the prices which are prevailing in the outlet; samples for the aforenoted purpose have to be kept at the site; the customers also want to ensure that the bag which he has inspected is the same bag which is sold to him; because of paucity of space and accommodation the petitioner is unable to display all his goods to the customers. Suit premises which are under use and occupation of the tenant is about 900 sq. ft. (100 sq. yards); this is on the ground floor and is ideal for the expansion of the business of the petitioner as presently the petitioner has no outlet from where he can carry out his retail business. The petitioner is in fact in need of 1000 sq. feet on the ground floor in order that he can display all his articles of various ranges which (as noted supra) include not only herbs, crude drugs but also dry fruits and the aforenoted premises would be an ideal commercial viable business venture for the petitioner. Eviction petition was accordingly filed. Leave to defend had been filed.
The main bone of contention which is urged and argued before this court
is that there are other alternate accommodations which are available with the landlord and on the ground of concealment of material facts alone the petitioner-tenant is entitled to leave to defend. To support his submission learned counsel for the petitioner has placed reliance upon the judgment of Kishan Chand vs. Jagdish Pershad & Ors. reported in (2003) 9 SCC 151. Contention being that the entire accommodation available with the landlord in the aforenoted premises had not been disclosed and the landlord in fact has sufficient place to satisfy his needs which sufficient space is available on the first, second and third floor of the premises. The site plan which has been filed by the landlord and is a part of the court record has been perused; this site plan clearly shows that at the ground floor the disputed premises is a shop measuring 900 sq. ft. (in red colour) which is in occupation of the petitioner-tenant; on first floor eastern portion is an office space of the landlord and rest of the portion is tenanted out; so also is the position on the second floor; one room is with the landlord which is used as storage place and other area is with the tenant; two rooms available on the third floor are also being for the purpose of storage. That apart, the accommodation as noted above on the first second and third floor is not an accommodation which is a reasonably suitable alternate accommodation for the landlord keeping in view the nature of his need; the need of the landlord as noted (supra) is to display the various varieties of herbs, crude drugs, dry fruits and spices which he is selling; such like customers cannot be expected to visit the first or the second floor to examine the goods; in fact a wary and watchful customer would definitely not compromise on his stand to visit the first, second and third floor; he would rather go to another shop where he can purchase the same goods at the ground floor level. Thus the accommodations available on the first, second and third floor can in no manner be said to be reasonably suitable alternate accommodation.
3. The second submission of the learned counsel for the petitioner on this count is that another 900 sq. ft. godown is available with the landlord which is located at Katra Peran bearing No. 284, Tilak bazaar. This has been disclosed by the tenant in his application for leave to defend; corresponding para of the reply filed by the landlord has been perused. It has been stated that this property is not owned by the landlord; he is a tenant in this godown; a site plan of this godown placed on record and which is not in dispute shows that the area of the godown is only 300 sq. ft.; it is being used as a godown and is admittedly not owned by the landlord. This accommodation also does not fall in the category of a reasonably suitable alternate accommodation. Vehement argument of the petitioner is that this fact has been elucidated only in the reply filed by the landlord and had not been disclosed by him in his eviction petition and this amounts to a concealment. What is concealment, has not been defined in the Delhi Rent Control Act but concealment of a fact would be a fact which is vital and bearing to the matter in issue; this eviction petition has been filed under Section 14(1)(e) of the DRCA; necessary ingredients for contesting a petition under Section 4(1) (e) of the DRCA is as under:-
(a) The applicant has to be a landlord;
(b) He has also to be an owner;
(c) The premises in question should have been let out for residential or commercial purpose or both;
(d) The said premises are required bon fade by the landlord for occupation as a residence for himself or his family dependent upon him and;
(e) That the landlord or such person dependent upon him has no other reasonably suitable residential accommodation.”
4. The accommodations as aforenoted do not in any manner fall in the category of a reasonably suitable accommodation which cannot be treated as an alternate accommodation. The second accommodation at Katra Peran, Tilak Bazar, Delhi is not even owned by the landlord; it is a tenanted property; the first accommodation (as depicted in the site plan) is an accommodation on the first, second and third floor; there is one room on the first floor and stores on second floor and third floor; need of the landlord as depicted and averred in the eviction petition is the need to display 500 varieties of articles which he is selling which include various varieties of herbs, different crude drugs, dry fruits and spices; further submission being that these delicate items have to be packed in individual packets and depending upon their quality their packing has to be different. Such like customers examine not only the quality but also the price range for which they make a comparative study in the open market; that is why the goods of the petitioner have to be openly displayed in order to enable the customer to satisfy his requirement before he makes the final purchase. The further submission of the landlord on this count is that depending upon the quality of the product the packaging is customized and the proposed customer in most cases insists on taking the same package which he has earlier approved after inspecting and assessing its quality; for such purposes there has to be wide range of display. In this background, the non-disclosure of the accommodation available on the first and second floor (of the same premises) is not a concealment on the part of the landlord; the judgment of Kishan Chand (Supra) relied upon by the learned counsel for the petitioner is not applicable. 5. The eviction petition thus having been decreed and application seeking leave to defend having been dismissed suffers from no infirmity. Petition is without any merit; it is dismissed.

INDERMEET KAUR, J

MAY 28, 2012

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Judgment Of High Court In Delhi: SMT TARA DEVI & ANR versus MCD 23.03.2012

CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 The impugned order is dated 08.12.2011 which has endorsed the finding of the trial Judge dated 08.02.2011 whereby the application filed by the petitioners under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure (hereinafter referred to as the ‘Code’) had been dismissed.
2 Record shows that the present suit is a suit for permanent and mandatory injunction which has been filed by the two plaintiffs against the MCD seeking a prayer that the MCD be restrained from dispossessing the petitioners or from removing their articles from the two suit shops i.e. shops No.1074-75, Khoya Mandi, Bijli Road, Pili Kothi, Delhi. Contention is that petitioner No. 1 along with her husband was running the business of grocery and dry fruits from the aforenoted shops; after the death of her husband, she continued this work with her son; the respondent started creating hurdles; ‘tehbazari’ rights have been granted to the petitioners but for one reason or the other, the possession of the petitioners is disturbed by the MCD; they have made illegal demands upon the petitioners. Cause of action last arose in favour of the petitioners and against the respondent when on 11.12.2010 in the late evening, the officials of the MCD entered into the shop of the plaintiffs and sought to remove their articles; suit was accordingly filed. 3 Both the courts below have declined the prayer made by the plaintiffs seeking interim protection on their application filed under Order XXXIX Rules 1 & 2 of the Code. The impugned judgment had noted that not a single document has been placed on record by the petitioners to show their possession much less settled possession to afford them an order in their favour.
4 Learned counsel for the petitioners has relied upon the logo of the
MCD (page 116 of the paper book); submission being that this logo has been issued by the MCD itself qua the disputed shops and as such it shows that the respondent /MCD has recognized their tehbazari rights. This submission is disputed by the learned counsel for the respondent who has appeared on an advance notice; his contention is that this logo is for the shops allotted in favour of the allottees Sunita Devi and Vinay Kumar; this logo does not pertain to the present petitioners; original record of the department has also been brought before the Court to substantiate this submission.
5 The second document relied upon by the learned counsel for the petitioner is a document which is a receipt (page 110 of the paper book); this shows that certain storage charges of `62/- and `762/- have been taken by the MCD in the year 1987-1988; the contention of the petitioners is that this document also establishes a fact that the petitioners were in possession of the premises. Counter submission of the department is that these are store charges which have been levied upon the petitioners; the illegal display of the articles had been removed by the MCD and stored in the warehouse of the MCD for which the petitioners had to pay requisite fee which was in the sum of `762/- and
`62/- respectively before they could get their articles released. This document also does not show the legal possession of the petitioners as has been urged by them. 6 The last document relied upon by the learned counsel for the petitioners is the challan issued by the MCD in the sum of `1,600/- in favour of petitioner No. 1 and petitioner No. 2 (page 94 of the paper book); this challan also shows that the petitioners have in fact been challaned for unauthorized occupation of the aforenoted premises; they could not on their own put up khokha for the sale of the articles as have been noted in the plaint.
7 Both the two courts below have correctly appreciated that there is no document on record to establish the prima-facie legal possession of the plaintiffs; it was in this background that the impugned order had noted that the petitioners are not entitled to any interim relief. Vehement arguments have continued to be addressed by the learned counsel for the petitioner in spite of the fact that even on a specific query put to the learned counsel as to whether he has any other document apart from the noted ones, he has no answer but to continue to repeat the same arguments.

8 The impugned order in this background, rejecting an order under Order XXXIX Rules 1 & 2 of the Code declining to grant the petitioners any interim prayer over an alleged illegal right does not in any manner suffers from an infirmity. This petition is an abuse of the process of the Court. Petition is dismissed with costs of `10,000/-.

INDERMEET KAUR, J

MARCH 23, 2012

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Judgment Of High Court In Delhi: KRISHAN KUMAR versus NEELAM DEVI 23.03.2012

CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1 The petitioner is aggrieved by the order dated 03.12.2004 whereby the prayer made in the application under Section 152 of the Code of Civil Procedure (hereinafter referred to as the Code) filed by the decree holder had been allowed and he had been permitted to file a fresh site plan giving correct details of the disputed premises.
2 Record shows that the present suit for possession and permanent injunction had been filed by the plaintiff; this suit had been decreed on 25.01.2002. The averments made in para 3 of the plaint specifically state that the premises comprise of one shop on the ground floor, one room and balcony situated on the first floor measuring about 25 to 30 sq. yards as depicted in red colour in the site plan had been leased out to the tenant. Corresponding para of the written statement has been perused. There is no dispute or denial to this averment. The actual area of the property leased out to the tenant i.e. the portion on the ground floor and portion on the first floor which was in occupation of the tenant was never the subject of dispute before the Trial Court.
3 Record shows that in the prayer clause of the plaint, the plaintiff has prayed for a decree of possession qua the suit property as depicted in red colour in the site plan. The judgment and decree dated 25.01.2002 had decreed the suit of the plaintiff qua the green portion as depicted in the site plan. The suit plan had been produced before the Trial Court as Ex. PW1/6. This site plan had in fact depicted only ground floor of the suit premises; first floor was not shown. Portion shown in red colour was in occupation of the landlord; the green colour portion is in occupation of the tenant; inadvertently, in the prayer clause the plaintiff had prayed for a decree for a red coloured portion in the site plan whereas the tenant was in occupation of green coloured portion.
However, the decree had been passed qua the green colour portion; this was qua the ground floor as this site plant has not depicted the first floor premises. All these facts are undisputed and are part of the record. 4 In the course of execution proceedings, the bailiff executed decree only qua the ground floor as the site plan shows only the ground floor portion; decree had been passed qua the ground floor portion and not qua the first floor portion. The plaintiff had accordingly filed an application under Sections 151 & 152 of the Code stating that this was a clerical mistake which is liable to be corrected. Impugned order had allowed his prayer. This is the grievance of the petitioner. 5 The scope of the powers under Section 152 of the code includes the powers of the court to correct clerical or arithmetical errors; mistakes which are accidental and not intentional and would not affect the merits of the case would fall within the parameter of Sections 151 and 152 of the Code.
6 The Supreme Court in AIR 2003 SC 643 titled as Prati bha Singh vs. Shanti Devi Prashad had an occasion to consider such a provision; in this case where the suit has two immovable properties had been decreed and property had not been properly identified; this being so noted by the plaintiff at a later date which was accordingly cured under the provision of Section 152 of the Code; the court had noted this being an inadvertent error and not effecting the merits it can be corrected by supplying the omission. Applying the ratio of the aforenoted judgment, it is clear that the impugned order allowing the prayer made by the decree holder suffers from no infirmity. 7 Reliance placed by the learned counsel for the petitioner upon the judgments reported in 2002 AIHC 1129 titled as Madan lal vs. Victor Denial, AIR 2001 SC 2316 titled as K. Rajamouli vs. A.V.K.N. Swamy, (1999) 3 SCC 500 titled as Dwarka Dass vs. State of M.P. and Anr., AIR 2001 sc 1084 titled as Jayalakshmi Coelho vs. Oswald Joseph Coelho is misplaced.
8 There is no dispute that where there is some misunderstanding or confusion, the same cannot be rectified. In this case there was no such confusion or misunderstanding; facts as noted above were clear. The portion of the premises in occupation of the tenant was not in dispute. It was never the contention of the defendant that he was not in occupation of the portion on the first floor of the premises. Merely because of an inadvertence, if the plaintiff did not file compete site plan showing the

first floor of the premises as well although it is specifically find mention in his plant, the impugned order correctly noted that this is liable to be corrected under the provision of Section 152 of Code. Parties could not be relegated to fresh litigation. 9 Petition is without any merit; it is dismissed.

INDERMEET KAUR, J

MARCH 23, 2012

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Judgment Of High Court In Delhi: RAJIV PURI versus WEBNEURON SERVICES 26.03.2012

 CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. 1 The impugned judgment is dated 11.05.2009 whereby the application filed by the defendant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the ‘said Act’) had been dismissed.
2 The plaintiff (Webneuron Services Limited) had filed a suit for recovery of `8,35,356/- against the defendant Rajiv Puri. The averments made in the plaint are to the effect that the defendant who was an employee of the company had taken a membership of Jaypee Green Golf Resort at Noida for which he had availed of a loan of `4 lacs; he was getting the loan amount deducted from his salary in installments; the defendant resigned from the services of the company on 05.11.2004; at that time, an amount of `1,89,998/- out of the total loan of `4 lacs was yet payable by the defendant; further contention in the plaint is that under the terms of services of the defendant, the defendant was entitled to certain leave encashment which amounted to an amount of `2,86,364/-. However at the time of the relieving of the defendant from his services, no amount towards leave encashment was paid as the amount of `1,89,998/- still remained unpaid by the defendant; it was agreed and understood by the defendant that the amount towards his remaining loan amount would be adjusted against his leave encashment and after settlement of all the accounts, remaining balance, if any, would be paid to him. A second amount of `3,40,636/- in lieu of his not availing leaves for 31.5 days to which the defendant was entitled has also been claimed from the defendant; contention being that an amount of `6,27,000/- had been paid to the defendant as salary for the two
months i.e. for the month of December, 2004 & January, 2005 but he had willfully absented himself from office during that period and as such was not entitled to the said amount; after giving him the adjustment of his leave entitlement, a sum of `3,40,636/- was found due and payable from him. Both the figures work out to a sum of `5,70,209/- which is the principal amount; total amount of `8,35,356/- along with interest has been claimed from the defendant. 3 Written statement had filed. Learned counsel for the petitioner in the course of the arguments has conceded that the second amount of `3,40,636/- is an amount which is covered by the arbitration clause contained in the arbitration agreement entered into between the parties which is dated 01.07.2004. 4 This agreement dated 01.07.2004 is an agreement between the employer and employee where the contract of employment, terms and scope thereto as also the compensation payable to the employee have been detailed. Para 14 contained the arbitration clause which inter-alia reads as follows:-
“Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and
finally resolved by arbitration in India in accordance with the arbitration rules of India for the time being in force which rules are deemed to be incorporated by reference into this paragraph. The law of arbitration shall be the International Arbitration Act.” 5 Counsel for the plaintiff does not dispute that the second amount of `3,40,636/- would in fact be covered by the arbitration clause; his submission is that the first amount of `1,89,998/- was a loan which had been given to the defendant and not being covered by the arbitration clause, the present suit had to be filed; submission being that in view of judgment of the Sukanya Holdings Private Limited Vs. Jayesh H. Pandya (2003) 5 SCC 531, a bifurcation of the claim is not permissible and applying the ratio of the aforenoted judgment since the first figure of `1,89,998/- is not covered by the arbitration agreement being a loan, the suit had to be filed for the full amount.
6 Arguments have been refuted. Learned counsel for the respondent has placed reliance upon a judgment of the Apex Court reported in (2003) 6 SCC 503 Hindustan Petroleum Corporation Ltd. Vs. Pinkcity Midway Petroleums; submission being that objections which go to the root of the jurisdiction have to be dealt with by the arbitrator;
submission being that this claim of `1,89,998/- is in fact a claim admitted by the plaintiff himself in terms of the averments made in para 5 of the plaint wherein he had himself agreed to adjust this amount of `1,89,998/- against his leave entitlement and as such this amount even as per the plaintiff is an amount which is arbitrable before the Arbitrator. 7 Section 8 of the said Act contains a clear mandate that if the ingredients of the aforenoted provision of law are met with, there is little option left with the Court but to refer the disputes before the Arbitrator; wherever there is an arbitration clause in the agreement it is in fact obligatory for the Court to refer the parties to arbitration in terms of their arbitration agreement and nothing remains to be decided in the original action after such an application is made except to refer the dispute to an Arbitrator.
8 The essential ingredients for the applicability of the aforenoted Section (1) there is an arbitration agreement, (2) a party to the agreement brings an action in the Court against the other party, (3) subject matter of the action is same as the subject matter of the arbitration agreement and (4) the other party moves the Court for referring the parties to arbitration before it submits his first statement on the substance of the dispute. 9 There is no dispute that ingredients No. 1, 2 & 4 have been met with; the question is whether the subject matter of action in the present suit is the same as the subject matter of the arbitration agreement. This question has to be answered.
10 A perusal of the arbitration agreement dated 01.07.2004 shows that what is contained therein are the terms and conditions of the employment of the employee i.e. the present petitioner; compensation which is to be given to him and the leave encashment to which he is entitled are all contained therein. However this agreement is silent on the loan, if any, which can or may be availed of by the employee from the employer. The amount of `1,89,998/- is the balance amount out of total loan of `4 lacs which has been taken by the employee from the employer for the purpose of taking a membership of Jaypee Green Golf Resort at Noida. There is no dispute to the factum that this is a loan transaction. It does not come within the ambit of the arbitration agreement and this is clear from the recitals contained in the said agreement. The submission of the petitioner is that the averments made in the plaint that this loan can be adjusted against the leave encashment
is an admission by the plaintiff and this becomes an arbitrable amount does not advance the case of the petitioner. What has to be referred to the Arbitrator is the subject matter of arbitration agreement which alone can be referred. Thus a claim in respect of a ‘matter’ which is not covered within the scope and ambit of the arbitration agreement can only be assailed by way of a suit. 11 In this view of the matter, the plaintiff had no option but to seek his remedy for the recovery of `1,89,998/- (which was part of a loan transaction) only by way of filing the present suit; the second claim of `3,40,636/- even if it is covered by the arbitration agreement in view of the judgment of Sukanya Holdings (Supra) could not have been split up or bifurcated; two causes of action could not be broken up or separated. 12 In this background, the impugned judgment dismissing the application under Section 8 of the said Act filed by the defendant suffers from no infirmity. Petition is without any merit. Dismissed.

INDERMEET KAUR, J

MARCH 26, 2012

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Judgment Of High Court In Delhi: GURBACHAN SINGH DECD THR LRS & ORS versus JAGJIT SINGH SAWHNEY & ORS 26.03.2012

CORAM: HON’BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J. (Oral) 1. The delay in filing the reply is condoned. 2. The order impugned before this court is the order dated 03.09.2010; the application filed by the defendant under Order 23 Rule 3 of the Code of Civil Procedure (hereinafter referred to as the Code) seeking the passing of a compromise decree had been declined.
3. Record shows that the present suit for possession and mesne profits had been filed by the plaintiffs against the defendant; contention was that the plaintiffs are the owners of the suit premises; the defendants have unauthorisedly occupied the suit premises and are liable for eviction. Suit for possession as also for damages for unauthorized use and occupation had been filed. In the course of the proceedings on 17.09.2008 the parties had been referred for a settlement before the Mediation Cell. On 21.10.2008, the Mediation Incharge Mr.O.P. Gupta had recorded the discussion between the parties and it had noted as follows:- “After discussion the parties have reached at an amicable settlement that the defendant will pay `11,000/- per sq. meter for the area in his possession as well as superstructure. The plaintiffs would execute a Sale deed in favour of LRs of defendant. The plaintiffs No. 1, 2 and 3 will executed a Sale deed in person and plaintiff No. 4 would execute the sale deed through her attorney/mother/plaintiff No. 2. The amount will be paid within 45 days. The house tax will be borne by half and half by plaintiffs and LRs of the defendant. The parties would appear before the concerned Court on 25.11.2008. The court concern will appoint a LC to inspect the site and find out the area in occupation of each LRs of defendant. The expenses of LC shall be borne half by plaintiffs and half by LRs of defendant. After the payment is made and Sale deeds are executed, the plaintiffs would withdraw the present suit for recovery of possession, mesne profits/damages for use and occupation.”
4. The next date fixed before the court was 25.11.2008 on which date the plaintiffs had contended that since they were not present on 21.10.2008 and had not signed any settlement, they are not bound by the settlement recorded on 21.10.2008; this submission of the plaintiff is borne out form the record. The settlement noted before the mediator on 21.10.2008 had been signed only by Mr. Amit Singh Narang, advocate of the plaintiffs but the plaintiffs had not signed the settlement. This submission of the plaintiffs made before the Trial Court on 25.11.2008 found favour but in view of the submissions and counter submissions of the parties, the matter was again referred for mediation for 04.12.2008. On 05.12.2008, the court had been informed that no settlement has been arrived at between the parties as the plaintiffs had disowned it. Submission being that the plaintiffs had not signed this settlement. Thereafter, an application under Order 23 Rule 3 of the Code had been filed by the defendant seeking a decree on the aforenoted compromise dated 21.10.2008. This had been declined by the impugned order and rightly so.
5. Counsel for the petitioner has vehemently submitted that in view of the judgment of Babhutmal Raichand Oswal vs. Laxmibai R. Tarte & Anr. reported in AIR 1975 SC 1297, an Advocate is also authorized to make a statement on behalf of his client and as such the compromise arrived at between the parties was binding. This judgment is wholly inapplicable to the facts of the present case since in this case a compromise decree is yet to be passed; the matter was only pending before the Mediator and the settlement arrived at between the parties on 21.10.2008 clearly shows that this settlement agreement was never signed by the plaintiffs. In this background the impugned order has correctly returned a finding that this settlement could not have been converted into a decree and there was no compromise as right from the inception of this so called settlement dated 21.10.2008 the submission of the plaintiffs is that they had not signed this settlement on 21.10.2008; this is also evident from the subsequent order dated 25.11.2008. On 05.12.2008 which was the next date after the plaintiff had clearly disowned the settlement, the contention was being reiterated that they have never signed this settlement.
6. Their submission was evident that there was no agreement entered into between the parties on 21.10.2008 which could culminate into a compromise decree and this has been correctly appreciated by the impugned order.
7. Section 89 A of the Code stipulates that the parties can be relegated to mediation proceeding and where the mediator has settled the substantial disputes between the parties; a decree shall be passed by the court. In this case there was no compromise arrived at between the parties; the compromise proceedings dated 21.10.2008 were never signed by the plaintiffs. This is clear from the proceedings dated dated 21.10.2008; this has also been disputed by the plaintiff right from the said date. In spite of this having been brought to the notice of the learned counsel for the petitioner, he continued to vehemently argue on this count. 8. Petition is without any merit; it is dismissed with costs of Rs.10,000/-.

INDERMEET KAUR, J

MARCH 26, 2012

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DELHI RENT CONTROL ACT 1958

DELHI RENT CONTROL ACT 1958

(59 of 1958)

[31st December, 1958]

PREAMBLE

An Act to provide for the control of rents and evictions and of rates of hotels and lodging houses, and for the lease of vacant premises to Government, in certain areas in the Union territory of Delhi.

Be it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

THE DELHI RENT CONTROL ACT, 1958

INTRODUCTION

Most of the persons living in urban areas are somehow directly or indirectly affected by the law of rent control which is provincial in nature and it differs from State to State, The law which was applicable to Delhi was Delhi and Ajmer Rent Control Act, 1952 (38 of 1952). During the course of its applicability many difficulties were being faced and it was considered necessary to enact a comprehensive law for Delhi. In order to achieve this objective the Delhi Rent Control Bill was introduced in the Parliament.

Act 59 of 1958

The Delhi Rent Control Bill having been passed by both the Houses of Parliament received the assent of the President on 31st December 1958. It came into force on 9th February, 1959 as THE DELHI RENT CONTROL ACT, 1958 (59 of 1958).

List of Amending Acts

1. The Repealing and Amending Act, 1960 (58 of 1960).

2. The Delhi Rent Control (Amendment) Act, 1963 (4 of 1963).

3. The Delhi Rent Control (Amendment) Act, 1976 (18 of 1976).

4. The Delhi Rent Control (Amendment) Act, 1984 (37 of 1984).

5. The Delhi Rent Control (Amendment) Act, 1988 (57 of 1988).

1. Short title, extent and commencement . – (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 of exclude any are from the operation of this Act or any provision thereof.

(3) It shall come into force on such date (Note: Came into force on 9-2-1959, vide S.O. 269, dated 31st January, 1959, published in the Gazette of India, Pt. II, Sec.3 (ii), p.331) as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions. – In this Act, unless the context otherwise requires-

(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, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent to be entitled to receive the rent, if the premises were let to a tenant;

(f) “Lawful increase” means an increase in rent permitted under the provisions of this Act;

(g) “Manager of a hotel” includes any person in charge of the management of the hotel;

(h) “Owner of a lodging house” means a person who receives or is entitled to receive whether on this own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, and lodging or other services provided in the lodging house;

(i) “premises” means any building or part of a building which is, or is intended to be, let separately for use as a residence or for commercial use or for any other purpose, and includes.-

(i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building;

(ii) any furniture supplied by the landlord for use in such building or par of the building;

but does not include a room in a hotel or lodging house;

(j) “prescribed” means prescribed by rules made under this Act;

(k) “standard rent”, in relation to any premises, means the standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent;

[(l) (Note: Subs. by Act 18 of 1976, sec.2, for clause (1) (w.r.e.f. 1-12-1975)) "tenant" means any person by whom or on whose account or behalf the rent of any premises is, or, but for a special contract, would be, payable, and includes-

(i) a sub-tenant;

(ii) any person continuing in possession after the termination of his tenancy; and

(iii) in the event of the death of the person continuing in possession after the termination of his tenancy, subject to the order of succession and to this clause, such of the aforesaid person’s-

(a) spouse,

(b) son or daughter, or, where there are both son and daughter, both of them,

(c ) parents,

(d) daughter-in-law, being the widow of his pre-deceased son,

as had been ordinarily living in the premises with such person as a member or members of his family up to the date of his death, but does not include,-

any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened under the proviso of section 3 of the Delhi Rent Control (Amendment) Act, 1976 (18 of 1976);

(B) any person to whom a licence, as defined by section 52 of the Indian Easements Act, 1882 (5 of 1882), has been granted.

Explanation1.- The order of succession in the event of the death of the person continuing in possession after the termination of his tenancy shall be as follows:-
(a) firstly, his surviving spouse;

(b) secondly, his son or daughter, or both, if there is no surviving spouse, or if the surviving spouse did not ordinarily live with the deceased person as a member of his family up to the date of his death;

(c ) thirdly, his parents, if there is no surviving spouse, son or daughter or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death; and

(d) fourthly, his daughter-in-law, being the widow of his pre-deceased son, if there is no surviving spouse, son, daughter or parents of the deceased person, or if such surviving spouse, son, daughter or parents, or any of them, did not ordinarily live in the premises as a member of the family of the deceased person up to the date of his death.

Explanation II.- If the person, who acquires, by succession, the right to continue in possession after the termination of the tenancy, was not financially dependent on the deceased person on the date of his death, such successor shall acquire such right for a limited period of one year; and on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession after the termination of the tenancy shall become extinguished.

Explanation III.-For the removal of doubts, it is hereby declared that, -

(a) where, by reason of Explanation II, the right of any successor to continue in possession after the termination of the tenancy becomes extinguished, such extinguished shall not affect the right of any other succession of the same category to continue in possession after the termination of the tenancy; but if there is no other successor of the same category, the right to continue in possession after the termination of the tenancy shall not, on such extinguishment, pass on to any other successor, specified in any lower category or categories, as the case may be;

(b) the right of every successor, referred to in Explanation I, to continue in possession after the termination of the tenancy, shall be personal to him and shall not, on the death of such successor, develop on any of his heirs];

(m). “urban area” has the same meaning as in the Delhi Municipal Corporation Act, 1957 (66 of 1957).

3. Act not to apply to certain premises.- Nothing in this Act shall apply-

(a) To any premises belonging to the Government; (Note: 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:
[(Note: Added by Act 4 of 1963, sec.2 (with retrospecive 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;]

[(c) (Note: Ins. by Act 37 of 1988, sec.2 (w.e.f. 1-12-1988) To any premises, whether residential or not, whose monthly rent exceeds there thousand and five hundred rupees; or

(d) To any premises constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988, for a period of ten years from the date of completion of such construction;]

CHAPTERII

4. Rent in excess of standard rent not recoverable. – (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 provision 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.

5. Unlawful changes not to be claimed or received. – (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 or sub-tenancy of any premises,-

(a) Claim or receive the payment of any sum as premium or pugree of 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 month’s 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 any payment in consideration of the relinquishment, transfer or assignment of his tenancy or sub-tenancy, as the case may be, of any premises.

(4) Nothing in this section shall apply-

(a) To any payment made in pursuance of an agreement entered into before the 1st day of January, 1939; or
(b) To any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to taken on lease by, the landlord, if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family:

Provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person.

Explanation. – For the purpose of clause (b) of this sub-section, “member of the family” of a person means, in the case of an undivided Hindu Family, any member of the family of that person and in the case of any other family, the husband, wife, son, daughter , father, mother, brother, sister or any other relative dependent on that person.

6. Standard rent. – (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, 1994,-

(a) In any case where the rent of such premises has been fixed under the Delhi and Ajmer- Mewar Rent Control Act, 1947 (19 of 1947), or the Delhi and Ajmer Rent Control Act, 1952 (37 of 1952),-

(i) If such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or

(ii) If such rent per annum exceeds twelve hundred rupees, rent so fixed together with ten per cent. of such rent;

(b) In any other case, the rent calculated on the basis of [(Note: Subs. by Act 57 of 1988, sec.3, for "seven and one-half per cent." (w.e.f. 1-12-1988) ten per cent]. per annum of the aggregate amount of the [(Note: Subs. by Act 57 of 1988, sec.3, for "reasonable" (w.e.f. 1-12-1988) actual] cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction :
(Note: Proviso omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)

(B) In the case of premises other than residential premises-

(1) Where the premises have been let out at any time before the 2nd day of June, 1944, the basic rent of such premises together with ten per cent. of such basic rent:

Provided that where the rent so calculated exceeds twelve hundred rupees per annum, this clause shall have effect as if for the words “ten per cent.”, the words “fifteen per cent.” had been substituted;

(2) Where the 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 Rent Control Act, 1947 (19 of 1947) or the Delhi and Ajmer Rent Control Act, 1952 (38 of 1952),-

(i) If such rent per annum does not exceed twelve hundred rupees, the rent so fixed; or

(ii) If such rent per annum exceeds twelve hundred rupees, the rent so fixed together with fifteen per cent. of such rent;

(b) In any other case, the rent calculated on the basis of [(Note: Subs. by Act 57 of 1988, sec.3, for "seven and one-half per cent" (w.e.f. 1-12-1988) ten per cent] per annum of the aggregate amount of the [(Note: Subs. by Act 57 of 1988, sec.3, for "reasonable" (w.e.f. 1-12-1988) actual] cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction:

(Note: Proviso omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)

(2) Notwithstanding anything contained in sub-section (1),-

(a) In the case of any premises, whether residential or not, constructed on or after the 2nd day of June, 1951, but before the 9th day of June, 1955, the annual rent calculated with reference to the rent at which the premises were let for the month of March, 1958, or if they were not so let, with reference, to the rent at which they were last let out, shall be deemed to be standard rent for a period of seven years from the date of the completion of the construction of such premises; (Note: The word “and” omitted by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988)

(b) In the case of any premises, whether residential or no, constructed on or after the 9th day of June, 1955, including premises constructed after the commencement of this Act [(Note: Ins. by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988) but before the commencement of the Delhi Rent Control (Amendment) Act, 1988], the annual rent calculated with reference to the rent agreed upon between the landlord and the tenant when such premises were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out.
[(c) (Note: Ins. by Act 57 of 1988, sec.3 (w.e.f. 1-12-1988) In the case of any premises, whether residential or not, constructed on or after the commencement of the Delhi Rent Control (Amendment) Act, 1988 and to which the provisions of this Act are made applicable by virtue of clauses (d) of section 3, the rent calculated on the basis of ten per cent, per annum of the aggregate amount of the actual cost of construction of the premises and the market price of the land comprised in the premises on the date of commencement of the construction, of the premises shall be deemed to be the standard rent]

(3) For the purpose of this section, residential premises include premises let out for the purpose of a public hospital, an educational institution, a public library, reading room or an orphange.

[6A. (Note: Ins. by Act 57 of 1988, sec.4 (w.e.f. 1-12-1988) Revision of rent. - 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.]

7. Lawful increase of standard rent in certain cases and recovery of other charges. – (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 the 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 [(Subs. by Act 57 of 1988, sec.3, for "seven and one-half per cent." (w.e.f. 1-12-1988) 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 jurisdiction in the area which is ordinarily payable by the tenant, he may recover from the tenant the amount so paid by him; but the landlord shall not recover from the tenant whether by means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant:

Provided that nothing in this sub-section shall affect the liability of any tenant under an agreement entered into before the 1st of January 1952, whether express or implied, to pay from time to time the amount of any such tax as aforesaid.

8. Notice of increase of rent. – (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, 1982 (4 of 1882).
9. Controller to fix standard rent, etc. – (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 section7.

(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:

[(Note: Ins. by Act 57 of 1988, sec.6 (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 purpose of section 6, or the cost of improvement, addition or alteration referred to in section 7, the Controller may take the assistance of any valuer approved by the Central Government in accordance with such rules as may be prescribed and the assessment shall be made by such valuer in the manner prescribed.]

(3) In fixing the standard rent of any premises part of which has been lawfully sub-let, the Controller may also fix the standard rent of the part sub-let.

(4) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under section 6, the Controller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises.

(5) The standard rent shall in all cases be fixed for a tenancy of twelve months:

Provided that where any premises are let or re-let for a period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months.

(6) In fixing the standard rent of any premises under this section, the Controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.

(7) In fixing the standard rent of any premises under this section, the Controller shall specify a date from which the standard rent so fixed shall be deemed to have effect:

Provided that in no case the date so specified shall be earlier than one year prior of the date of the filing of the application for the fixation of the standard rent.
10. Fixation of interim rent. – 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.

11. Limitation of liability of middlemen. – 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.

12. Limitation for application for fixation of standard rent. – Any landlord 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 (Amendment) Act, 1988],-

(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 which the premises were let to that tenant; [(Note: Clause (d) has been inserted by Act 57 of 1988, sec.7. As a result of this insertion the word "and" of the end of sub-clause (ii) of clause (b) ought to have been omitted and added at the end of clause (c), which has not been done by Act 57 of 1988. The irregularity has set right. (Ed.))and]

(c) In the case of any premises in which the cause of action of lawful increase of rent arises after the commencement of this Act, within two years from the date on which the cause of action arises, [(Note: Clause (d) has been inserted by Act 57 of 1988, sec.7. As a result of this insertion the word "and" of the end of sub-clause (ii) of clause (b) ought to have been omitted and added at the end of clause (c), which has not been done by Act 57 of 1988. The irregularity has set right. (Ed.)) and]

[(d) (Note: Ins. by Act 57 of 1988, sec.7 (w.e.f. 1-12-1988) In the case of any premises referred to in clause © of sub-section (2) of section 6, within two years from the date of such application;]

Provided that the Controller may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.

13. Refund of rent, premium, etc., not recoverable under the Act. – 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.

CHAPTERIII

14. Protection of tenant against eviction. – (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 and court or Controller in favour of the landlord against a tenat:

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 landlord in the manner provided in section 106 of the Transfers of Property Act, 1882 (4 of 1882);

(b) That the tenant has, on or after the 9th day of June, 1952, sublet, assigned or otherwise without obtaining the consent in writing of the landlord;

(c) That the tenant has used the premises for purpose other than that for which they were let-

(i) If the premises have been let on or after the 9th day of June, 1952, without obtaining the consent in writing of the landlord; or

(ii) If the premises have been let before the said date without obtaining his consent;

(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 the filing of the application for the recovery of possession thereof;

(e) That the premises let for residential purpose 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 the landlord or such person has no other reasonably suitable residential accommodation;

Explanation.- For the purpose of this clause, “premises let for residential purpose” include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes;

(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 the purpose building or re-building or making thereto any substantial additions or alterations and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated;

(h) That the tenant has, whether before or after the commencement of this Act, (Note: The word “built” omitted by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) acquired vacant possession of, or been allotted, a residence;

[(hh) (Note: Ins. by Act 57 of 1988, sec.8 (w.e.f. 1-12-1988)) That the tenant has, after the commencement of the Delhi Rent Control (Amendment) Act, 1988, built a residence and ten years have elapsed there-after;]

(i) That the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment;

(j) That the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to the premises;

(k) That the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate;

(i) That the landlord requires the premises in order to carry out any building work at the instance of the Government or the Delhi Development Authority or the 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.

(2) No order for the recovery of possession of any premises shall be made on the ground specified in clause (a) of the proviso to sub-section (1) if the tenant makes payment or deposit as required by section 15:

Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months.

(3) No order for the recovery of possession in any proceeding under sub-section (1) shall be binding on any sub-tenant referred to in section 17 who has given notice of his sub-tenancy to the landlord under the provisions of that section, unless the sub-tenant is made a party to the proceeding and the order for eviction is made binding on him.

(4) For the purpose of clause (b) of the proviso to sub-section (1), any premises which have been let for being used for the purpose of business or profession shall be deemed to have been sub-let by the tenant, if the Controller is satisfied that the tenant without obtaining the consent in writing of the landlord has, after the 16th day of August, 1958, allowed any person is a partner of the tenant in the business or profession but really for the purpose of sub-letting such premises to the person.

(5) No application for the recovery of possession of any premises shall lie under sub-section (1) on the ground specified in clause (c ) of the proviso thereto, unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice; and no order for eviction against the tenant shall be made in such a case, unless the Controller is satisfied that the 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 interest of the landlord.

(6) Where a landlord has acquired any premises by transfer, no application for the recovery of possession of such premises shall lie under sub-section (1), on the ground specified in clause (e ) of the proviso thereto, unless a period of five years have elapsed from the date of the acquisition.

(7) Where an order for the recovery of possession of any premises is made on the ground specified in clause(c ) of the proviso to sub-section (1), the landlord shall not be entitled to obtain possession thereof before the expiration of a period of six months from the date of the order.

(8) No order for the recovery or possession of any premises shall be made on the ground specified in clause (g) of the proviso to sub-section (1), unless the Controller is satisfied that the proposed reconstruction will not radically after the purpose for which the premises were let or such ramidically alteration is in the public interest, and that the plans and estimates of such reconstruction have been properly prepared and that necessary fund for the purpose are available with the landlord.

(9) No order for the recovery of possession of any premises shall be made on the ground specified in clause (I) of the proviso to sub-section (1), if the Controller is of opinion that there is any bona fide dispute as to whether the tenant has ceased to be in the service or employment of the landlord.

(10) No order for the recovery of possession of any premises shall be made on the ground specified in clause ,(i) of the proviso to sub-second (1) if the tenant, within such time as may be specified in this behalf by the Controller, carries out repairs to the damage caused to the satisfaction of the Controller or pays to the landlord such amount by way of compensation as the Controller may direct .

(11) No order for the recovery of possession of any premises shall be made on the ground specified in clause(k) of the proviso of sub-section (1), if the tenant, within such time as may be specified in this behalf 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 by way of compensation as the Controller may direct.
[14A. Right to recover immediate possession of premises to accrue to certain persons. - (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 conferring a right on a landlord owning, in the Union territory of Delhi, two or more dwelling houses whether in his own name or in the name of his wife or dependent child to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which hi intends to recover.

(2) Notwithstanding anything contained elsewhere in this Act or in any there law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority:

Provided that where the landlord had received,-

(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;

(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount received as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease:

Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent. per annum on the amount which he has omitted or failed to refund]

[14B. Right to recover immediate possession of premises to accrue to members of the armed forces, etc. - (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 dependant 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 and has a period of less than one year preceding the date of his retirement and the premises let out by him are required for his own residence after his retirement, he may, at any time, within a period of one year before the date of his retirement, apply to the Controller for recovering the immediate possession of such premises.

(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 sub-section in respect of only one of the premises chosen by him.

Explanation.-For the purpose of this section, "armed forces" means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under section 3 of the Delhi Police Act, 1978 (34 of 1978).]

[14.C. Right to recover immediate possession of premises to accrue to Central Government and Delhi Administration employees. - (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 and the premises let out by him are required by him for his own residence after his retirement, he may, at any time within a period of one year before the date of his retirement, apply to the Controller for recovering the immediate possession of such premises.

(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 sub-section in respect of only one of the premises chosen by him.]

[14D. Right to recover immediate possession of premises to accrue to a widow. - (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 any one of the premises chosen by her.]

15. When a tenant can get the benefit of protection against eviction. – (1) In every proceeding of 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 up to 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 fifteen 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 to in sub-section (1), the tenant contest the claim for eviction, the landlord may, at any state of the proceeding, make an application to the Controller for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said sub-section.

(3) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2), as the case may be until the standard rent in relation thereto is fixed having regard to the provisions of this Act, and the amount of arrears if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf.

(4) If, in any proceeding referred to in sub-section (1) or sub-section (2), there is any dispute as to the person or persons to whom the rent is payable, the Controller may direct the tenant to deposit with the Controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, and in such a case no person shall be entitled to withdraw the amount in deposit until the Controller decides the dispute and makes an order for payment of the same.

(5) If the Controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant for reasons which are false or frivolous, the Controller may order the defense against eviction to be struck out and proceed with the hearing of the application.

(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the Controller may allow such costs as he may deem fit to the landlord.

(7) If a tenant fails to make payment or deposit as required by this section, the Controller may order the defence against eviction to be struck out an proceed with the hearing of the application.
16. Restrictions on sub-letting. – (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

(b) transfer or assign his rights in the tenancy or in any part thereof.

(4) No landlord shall claim or receive the 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 the sub-letting of the whole or any part of the premises held be the tenant.

17. Notice of creation and termination of sub-tenancy. – (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 promises 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 sub-letting 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.

(3) Where in any case mentioned in sub-section (2), the landlord contests that the premises were not lawfully sub-let, and an application is made to the Controller in this behalf, either by the landlord or by the sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the landlord or the issue of this notice by the tenant or the sub-tenant, as the case may be, the Controller shall decide the dispute.

18. Sub-tenant to be tenant in certain cases. – (1) Where an order for eviction in respect of any premises is made under section 14 against a tenant but not against a sub-tenant 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 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 the landlord on the same terms and conditions on which the tenant would have held from the landlord , if the tenancy had continued.

19. Recovery of possession for occupation and re-entry. – (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, 148 and 21], the landlord 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 possession, re-let to any person other than the evicted tenant without obtaining the permission of the Controller under sub-section (1) or the possession of such premises is transferred to another person for reasons which do not appear to the Controller to be bona fide, the Controller may, on an application made on him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the Controller thinks fit.

20. Recovery of possession for repairs and re-building and re-entry. – (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 placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may 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 fails to complete the work in a reasonable time or having complete the work, fails to place the tenant in occupation of the premises in accordance with sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to the tenant such compensation as the Controller thinks fit.

21. Recovery of possession in case of tenancies for limited period.- (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 and the tenant does not on the expiry of the said period, vacate such premises 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.

[(2) While making an order under sub-section (1), the Controller may award to the landlord such damages for the use or occupation of the premises at such damages for the use or occupation of the premises at such rates he considers proper in the circumstances of the case for the period from the date of such order till the date of actual vacation by the tenant.]

22. Special provision for recovery of possession in certain cases. – 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 activities, then, notwithstanding anything contained in section 14 or any other law, the Controller may, on an application made to him in his 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 contravention of the terms, express or implied, under which he was authorised to occupy such premises; or

(c ) that any other person is in unauthorised occupation of such premises; or

(d) that the premises are required bona fide by the public institution for the furtherance of its activities.

Explanation.- For the purposes of this section, “public institution” includes any educational institution, library, hospital and charitable dispensary [but does not include any such institution set up by any private trust]

23. Permission to construct additional structures. – 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.

24. Special provision regarding vacant building sites. – 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 or municipal bye-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 severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Controller may-

(a) Direct severance;

(b) Place the landlord in possession of the vacant land;

(c) Determine the rent payable by the tenant in respect of the rest of the premises; and

(d) Make such other order as he thinks fit in the circumstances of the case.

25. Vacant possession to landlord – Notwithstanding anything contained in any other law, where the 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 person therefrom:

Provided that nothing in this section shall apply to any person who has an independent title to such premises.

CHAPTER III A

25A.- Provisions of this Chapter to have overriding effect.-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.

25.B Special procedure for the disposal of applications for eviction on the ground of bona fide requirement. – (1) Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A [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, acknowledgement due, addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and may ,if the circumstances of the case so require, also direct the 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 the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent had refused to take delivery of the registered article, the Controller may declare that there has been a valid service of summons.

(4) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in the Third Schedule shall not contest the prayer for eviction from the premises unless he files and affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided; and in default of his appearance in pursuance of the summons or his obtaining such leave, the 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 on the ground aforesaid.

(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 the recovery of possession of the premises on the ground specified in clause (c ) of the proviso to sub-section (1) of section 14, or under section 14A.

(6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing of the application as early as practicable.

(7) Notwithstanding anything contained in sub-section (2) of section 37, the Controller shall, while holding and inquiry in a proceeding to which this Chapter applies, follow the practice and procedure of a Court of Small Causes, including the recording of evidence.

(8) No appeal or second appeal shall lie against an order for the recovery of possession of any premises made by the Controller in accordance with the procedure specified in this section:

Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit.

(9) Where no application has been made to the High Court on revision, the Controller may exercise the powers of review in accordance with the provisions of Order XLVII of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908).
(10) Save as otherwise provided in this Chapter, the procedure for the disposal of an application for eviction on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A, shall be the same as the procedure for the disposal of applications by Controllers.

25.C Act to have effect in a modified form in relation to certain persons. – (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 the 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 whom, being a person of the category specified in sub-section (1) has obtained, on the ground specified in clause (e) of the proviso to sub-section (1) of section 14, or under section 14A, 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 “six months”, occurring therein, the words “two months” were substituted.]

CHAPTERIV

26. Receipt to be given for rent paid. – (1) Every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable [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:

[Provided that it shall be open to the tenant to remit the rent to his landlords by postal money order.]

(3) If the landlord or his authorised agent refuses or neglects to deliver to the tenant a receipt referred to in sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order direct the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent paid.

27. Deposit of rent by the tenant. – (1) Where the landlord does not accept any rent tendered by the tenant within the time referred to in section 26 of refuses or neglects to deliver a receipt referred to therein or where there is a bona 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:

[Provided that in case 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 identifying the premises;

(b) the period for which the rent is deposited;

© the name and address of the landlord or the person or persons claiming to be entitled to such rent;

(d) the reasons and circumstances for which the application for depositing the rent is made;

(e) such other particulars as may be prescribed.

(3) On such deposit of the rent being made, the Controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit.

(4) If an application is made for the withdrawal of any deposit of rent, the Controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent to be paid to him in the manner prescribed:

Provided that no order for payment of any deposit of rent shall be made by the Controller under this sub-section without giving all persons named by he tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent being decided by a court of competent jurisdiction.

(5) If at the time of filing the application under sub-section (4), but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the Controller that the statements in the tenant’s application of the reasons and circumstances which led him to deposit the rent are untrue, the Controller, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months’ rent, if the Controller is satisfied that the said statements were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation.

(6) The Controller may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months’ rent, if the Controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to him within the time referred to in section 26 and may further order that a sum out of the fine realised be paid to the tenant as compensation.

28. Time limit of making deposit and consequences of incorrect particulars is application for deposit.- (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 willfully 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 is 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?

29. Saving as to acceptance of rent forfeiture of rent in deposit. – (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 rent, the period of default, the amount due, or of any other facts stated in the tenant’s 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 as 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 landlord or person or persons and shall also publish the notice in his office and in any local newspaper.

CHAPTERV

30. Application of the Chapter. – 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 are 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 or lodging houses from the operation of this Chapter.

31. Fixing of fair rate. – (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, specified 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.

32. Revision of fair rate. – 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.

33. Charges in excess of fair rate not recoverable. – 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;

© 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 manager of the hotel or the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.

34. Recovery of possession by manager or a hotel or the owner of a lodging house. – 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 caused annoyance to any adjoining or neighbouring ledger;

Explanation.-For the purposes of this clauses, “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 reasonably 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 benefit the accommodation is held, or any other cause which may be deemed satisfactory to the Controller;

(c) That the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof;

(d) That the lodger has done any act which in inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner’s interest therein;

(e) That the lodger has failed to pay the rent due from him.

CHAPTER VI

35. Appointment of Controllers and Additional Controllers.-(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 an 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 not be qualified for appointment as a Controller or an additional Controller, unless he has for at least five years held a judicial office in India or has for at least seven years been practising as an advocate or a pleader in India.

36. Powers of Controller. – (1) the Controller may-

(a) Transfer any proceeding pending before him for disposal to any additional Controller, or

(b) Withdraw any proceeding pending before any additional Controller any dispose it of him 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 examination of witnesses;
(d) Any other matter which may be prescribed,

And any proceeding before the Controller shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860), and the Controller shall be deemed to be a civil court within the meaning of section 480 and section 482 of the Code of Criminal Procedure, 1898 (5 of 1898).

(3) For the purposes of holding any inquiry or discharging any duty under this Act, the Controller may,-

(a) After giving not less than twenty-four hours’ notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or

(b) By written order, require any person to produce for his inspection all such accounts, book or other documents relevant to the inquiry at such time and at such place as may be specified in the order.

(4) The Controller may, if he thinks fit, appoint one or more person having special knowledge of the matter under consideration as an assessor or assessors to advise him in the proceeding before him.

37. Procedure to be followed by Controller.- (1) No order which prejudicially 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 objection, 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, follow 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.

38. Appeal to the Tribunal. – (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:

[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.

(3) The Tribunal shall have all the power vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), when hearing an appeal.

(4) Without prejudice to the provisions of sub-section (3), the Tribunal may, on an application made to it or otherwise, by order transfer any proceeding pending before any Controller or additional Controller to another Controller or additional Controller and the Controller or additional Controller to whom the proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the proceeding.

(5) A person shall not be qualified for appointment to the Tribunal, unless he is, or has been a district judge or has for at least ten years held a judicial office in India.

38A. Additional Rent Control Tribunals. – (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 deem fit and appoint to each such Additional Rent Control Tribunal (hereinafter referred to as the Additional Tribunal) on 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 an 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;

(b) Transfer any appeal or proceeding pending before it for disposal to, any Additional Tribunal; or

(c) Withdraw any appeal or proceeding pending before any Additional Tribunal and dispose it of itself or transfer the appeal or proceeding for disposal to any other Additional Tribunal.

(3) The Provisions of sub-section (2) and (3) of section 38 shall apply in relation to an Additional Tribunal as they apply in relation to the Tribunal.

38B. Power of High Court to transfer appeals, etc. – 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 in any other Additional Tribunal.

39. Section 39 omitted by Act 57 of 1988, sec.17 (w.e.f. 1-12-1988).
40. Amendment of orders. – 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 on an Additional Tribunal] on am application received in this behalf from any of the parties or otherwise.

41. Controller to exercise powers of a magistrate for recovery of fine. – Any fine imposed by a Controller under this Act shall be paid by the person find witnessed such time as may be 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.

42. Controller to exercise powers of civil court for execution of other orders. – 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.

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.

CHAPTERVII

44. Landlords duty to keep the premises in good repair. – (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 sod 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 usable 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 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, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord:

Provided that the amount so deducted or recoverable in any year shall not exceed one-half of the rent payable by the tenant for that year:

Provided further that if any repairs not covered by the said amount are necessary in the opinion of the Controller, and the tenant agrees to bear the excess cost himself., the Controller may permit the tenant to make such repairs.

45. Cutting off or withholding essential supply or service.- (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 contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such 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 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 contravenes the provisions of sub-section (1), the tenant may make an application to the Controller complaining of such 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 giving notice to the landlord.

(4) If the Controller on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the premises 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.

(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 under sub-section (2) 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 1.-In this section “essential supply or service” includes supply of water , electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation II.-For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord of account of which the essential supply or service is cut off by the local authority or any order competent authority.

46. Landlord’s duty to give notice of new construction to Government. – 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.

47. Leases of vacant premises to Government.- (1) The provisions of this section shall apply only in relation to premises in the areas 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 ceasing to occupy the premises or by the termination of a tenancy or by the eviction of a tenant or by the release of the premises from requisition or otherwise,-

(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the[Director of Estate];

(b) whether or not such intimation is given, the [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 such period as may be specified in the notice; and

(ii) requiring him, and every person claiming under him, to deliver possession of the premises forthwith to such officer or person as may be specified in the notice:

Provided that where the landlord has given the intimations required by clause (a), no notice shall be issued by the Director of Estates] under clause (b) more than seven days after the delivery to him of the intimation:

Provided further that nothing in this sub- section shall apply in respect of any premises the possession of which has been obtained by the landlord on the basis of any order made on the ground set forth in clause (e) of the proviso to sub-section (1) of section 14 or in respect of any premises which have been released from requisition for the use and occupation of the landlord himself.

(3) Upon the service of a notice under clause (b) of sub-section (2), the premises shall be deemed to have been leased to the Government for the period specified in the notice, as from the date of the delivery of the intimation under clause (a) of sub-section (2) or in case where no such intimation has been given, as from the date on which possession of the premises in delivered in pursuance of the notice, and the other terms of the lease shall be such as may be agreed upon between the Government and the landlord or in default of agreement, as may be determined by the Controller, in accordance with the provisions of this Act.

(4) In every case where the landlord has in accordance with the provisions of sub-section (2) given intimation of any premises becoming vacant and the premises are not taken on lease by the Government under this section, the Government shall pay to the landlord a sum equal to one-fifty second of the standard rent per year of the premises.

(5) Any premises taken of lease by the Government under this section may be put to any such use as the Government thinks fit, and in particulars, the Government may permit the use of the premises for the purposes of any public institution or any foreign embassy, legation or consulate or any High Commissioner or Trade Commissioner, or as a residence by any officer in the service of the Government or of a foreign embassy, legation or consulate or of a High Commissioner or Trade Commissioner.

48. Penalties. – (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 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.

(2) If any tenant sub-lets; assigns or otherwise parts with the possession of the whole or part 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.

[(3) If any landlord re-lets or transfers the whole or any part of any premises in contravention of the provisions of sub-section (1) or sub-section (2) of section 19 he shall be punishable with imprisonment for a term which may extend to six months , or with fine, or with both]

(4) If any landlord contravenes the provisions of sub-section (1) of section 45, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.

(5) If any landlord fails to comply with provisions of section 46 he shall be punishable with fine which may extend to one hundred rupees.
(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.

49. Cognizance of offences. – (1) No court inferior to that of [Metropolitan Magistrate] shall try any offence punishable under this Act.

(2) No court shall take cognizance of an offences punishable under this Act, unless the complaint in respect of the offences has been made within three months from the date 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 [Metropolitan Magistrate] to pass a sentence of fine exceeding [five thousand rupees] on a person convicted of an offence punishable under this Act.

CHAPTERVIII

50. Jurisdiction of civil courts barred in respect of certain matters – (1) Save a 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, 19951, but before the 9th day of June, 1955, such suit or proceeding shall, on such commencement , abate.

(3) If, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th day of August, 1958, 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, then, notwithstanding anything contained in any other law, the Controller may, on an application made to him in this behalf by such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the Controller thinks fit.

(4) Nothing in sub-section (1) shall be construed as prevailing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which this Act applies or any question as to the person or persons who are entitled to receive the rent of such premises.

51. Controllers to be public servants. – 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).
52. Protection of action taken in good faith. – No suit, prosecution or other legal proceeding 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.

53. Amendment of the Delhi Tenants Temporary Protection Act, 1956. – [Rep.]

54. Saving of operation of certain enactment’s. – 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).

55. Special provisions regarding decrees affected by the Delhi Tenants (Temporary Protection ) Act, 1956. – Where any decree or order for the recovery of possession of any premises to this 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 of 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 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.

56. Power to makes rules. – (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 rules may provide for all or any of the following matters, namely:-

(a) The manner of approval of valuers and procedure to be followed by such valuers under the proviso to sub-section (2) of section 9;]

(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 or rent may be made and the particulars which it may contain;

(c) The manner in which a Controller may hold an inquiry under this Act;

(d) The powers of the civil court which may be vested in a Controller;

(e) The form and manner in which an application for appeal or transfer of proceeding may be made to the Tribunal

(g) Any other matter which has to be, or may be, prescribed.
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one sessions or in two or more successive session, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both Houses agree in making any modification in the rule or both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

57. Repeal and saving. – (1) The Delhi and Ajmer Rent Control Act, 1952 (38 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 force in respect of suits and proceedings disposed of thereunder.

SCHEDULES

THE FIRST SCHEDULE

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 are 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,

5. the Notified Area Committee, Red Fort;
6. the Municipal Committee, West Delhi;

7. the South Delhi Municipal Committee;

8. the Notified Area Committee, Mehrauli.

THE SECOND SCHEDULE

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 I, 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 other case,-

(i) The rent at which the premise sere let on the 1st November, 1939,or

(ii) If the premises were not let on that date, the rent at which they were first let out at any time after that date but before the 2nd June, 1944.

3. Where the premises to which paragraph 2 applies are let out for the purpose of being used as a residence or for any of the purpose of public hospital, an educational institution a public library or reading room or an orphanage, the basic rent of the premises shall be the original rent increased by-

(a) 12-1/2 per cent. thereof, if the original rent per annum is not more than Rs. 300;

(b) 15-5/8 per cent, thereof, if the original rent pr annum is more than Rs. 300 but not more than Rs. 600

(c) 18-3/4 per cent, thereof, if the original rent per annum is more than Rs. 600 but not more than Rs. 1,200;

(d) 25 per cent, thereof, if the original rent per annum is more than Rs. 1,200.

4. Where the premises to which paragraph 2 applies are let out for any purpose other than those mentioned in paragraph 3, he basic rent of the premises shall be the original rent increased by twice the amount by which it would be increased under paragraph 3, if the premises were let for a purpose mentioned in that paragraph.
5. Where the premises to which paragraph 2 applies are used mainly as a residence and incidentally for business or profession, the basic rent of the premises shall be the mean of the rent as calculated under paragraph 3 and 4.

THE THIRD SCHEDULE

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 14A

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 and to obtain the leave of the Controller to contest the application eviction on the ground aforesaid; in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.

Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of section 25B.

Given under my hand and seal

This …………..day of…………..19..Controller]

RULES

CHAPTERI

1. Short title.- These rules may be called the Delhi Rent Control Rules, 1959.

2. Definitions. – In these rules, unless the context otherwise requires:-

(a) “Act” means the Delhi Rent Control Act, 1958;

(b) “Form” means form appended to these rules;

(c) “Recognised agent” means a person holding a power of attorney authorising him to act on behalf of his principal or an agent empowered by written authority under the hand of his principal;

(d) “Section” means a section of the Act.

(e) “Valuer” means a graduate in civil engineering, architecture or town planing of a recgonised university, or a person who possesses a qualification recognised by the Central Government for recruitment to superior services or posts under the Central Government in the filed of civil engineering, architecture or town planning; and

(A) He must be a person formerly employed-

(a) In a post under Government as a Gazette Officer; or

(b) In a post under any other employer carrying a remuneration of not less than Rs. 2000 per month, and, in either case, must have retired or resigned from such employment after having rendered service for not less than five years as a valuer, architect, or town planner, or in the filed on construction of building designing of structures, or development of land; or

(c) As a professor, reader or lecture in a university, college or any other institution preparing students for a degree in civil engineering, architecture or town planning or has retired or resigned from such employment after having taught for not less than five years any of the subject of valuation, quantity surveying, building construction, architecture, or town planning ; or

(B) He must have been in practice as a consulting engineer, surveyor or architect for a period of not less than five years and must have in the opinion of the Rent Controller acquired sufficient experience in any of the following fields:-

(a) Valuation of building and urban lands;

(a) Valuation of building and urban lands;

(b) Quantity surveying in building construction;

(c) Architectural or structural designing of building or town planning; or

(d) Construction of buildings or development of land.]

CHAPTERII

APPLICATION TO THE CONTROLLER

3. Application under section9, 13, 14 or 19(1). – (1) Every application to the Controller under section 9, section 13, section 14 or sub-section (1) of section 19 shall be in Form ‘A’.

(2) An application under section 13 shall also give particulars of the sum or consideration paid, the circumstances under which such payment was made and the provisions of the Act, or of the Delhi-Ajmer Rent Control Act, 1952, which has been contravened.

(3) An application for permission to re-let premises under sub-section (1) of section 19 shall also state the ground on which the premises are sought to re-let in whole or in part.

4. Application for re-enter. – An application by a tenant under sub-section (2) of section 19 or under sub-section (3) of section 20 for putting him in possession of the premises of part thereof shall be made within six months from the date on which the cause of action for re-entry arises and shall state the grounds on which such possession in claimed.

5. Application for recovery of possession under section 21. – An application recovery of possession under section 21 by the landlord shall be made within six months from the date of expiry of the period of tenancy.

6. Form of other application. – An application not herein before specified in these rules shall, so far as may be, made in Form ‘A’ and shall state the grounds on which it is made.

7. Manner in which application are to be made. – (1) Every application under the Act shall be signed and verified in the manner prescribed under rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908, and shall be presented by the applicant or his recognised agent to the Controller.

(2) Every such application shall be accompanied by a copy or sufficient number of copies thereof for service on the respondent on respondents mentioned therein.

8. Appearance before Controller. – A party may appear before the Controller either in person or by a recognised agent provided that if the Controller so directs the party shall appear in person.

[8.A Form of report of valuation by valuer. - (1) The report of valuation by a valuer in respect of the premised shall be in Form "F".

Fees-(2) The amount of fees to be paid to the valuer shall be such as may be decided by the Rent Controller.]

CHAPTERIII

RECEIPT AND DEPOSIT OF RENT

9. Receipt of rent. – A receipt required to be given by the landlord or his authorsied agent under sub-section (2) of section 26 in respect of rent paid for any premises shall be in Form ‘B’.

10. Deposit of rent. – (1) A deposit of rent under section 27 shall be made in cash and shall be accompanied by an application by the tenant in Form “C”.

(2) On such deposit being made, the Controller shall send a copy or copies of the application accompanying the deposit, by registered post with acknowledgement due, at the cost of the applicant, to the landlord or persons claiming to be entitled to the rent with an endorsement or the date of the deposit.

11. Payment of the rent deposited. – The Controller shall order the amount of rent deposited to be paid to the landlord or persons entitled to the rent either in cash or be cheque.

12. Accounting of deposits. – deposited shall be treated as civil court deposits and accounted for and Subject to the provisions of section 29, all sums dealt with according to the rules of civil court deposits in force in civil courts in Delhi.

CHAPTER IV

HOTEL AND LODGING HOUSES

13. Recovery of possession from the lodger. – An application by the manager of a hotel or the owner of a lodging house for a certificate under section 34 shall contain the grounds for the recovery of possession from the lodger of accommodation provided to him and shall be made in writing and accompanied by an affidavit in support of the allegations contained therein.

14. Certificate to be sent to the manager. – A certificate issued under section 34 by the Controller shall be sent to the manager of the hotel or the owner of the lodging house concerned with a copy thereof to the lodger concerned by registered post with acknowledgement due.

15. Display of notice of fair rates. – The manager of every hotel or the owner of every lodging house shall display a notice of the fair rates fixed by the Controller and a copy of the relevant provisions of the Act and rules relating thereto in a conspicuous manner in the hotel or lodging house, as the case may be.

16. Application to the Controller. – Every application to the Controller under Chapter V of the Act including an application for certificate under section 34 shall be in Form ‘D’ and shall be delivered to the Controller either in person or through a recognised agent or sent to his office by registered post.

CHAPTER V

APPEAL AND TRANSFER APPLICATION

17. Form of Appeal.- (1) Every appeal to the Rent Control Tribunal under section 38 shall be preferred in the form of memorandum signed by the appellant or his recognised agent and presented either in person or through a recognizes agent to the Tribunal or to such office as it may appoint in this behalf.

(2) Every such memorandum shall be accompanied by a copy of the order of the Controller appealed from and shall set forth concisely and under distinct heads, the grounds of objection to the order appealed from without any argument or narrative, and such grounds shall be numbered consecutively.

18. Application for transfer of proceeding. – An application for transfer of proceeding under sub-section (4) of section 38 shall be accompanied by an affidavit of the allegations contained in the application.

19. Appearance before Tribunal. – A party may appear before the Rent Control Tribunal either in person or by a recognised agent provided that if the Rent Control Tribunal so directs the party shall appear in person.

CHAPTER VI

PROCESS FEES

20. Process Fees.- (1) Process fees for processes under the Act shall be levied as prescribed in the rules made by the Punjab High Court under section 20 of the Court Fees Act, 1870, as to cost of processes in civil court.

(2) For the purposes of this rule, the Controller shall be deemed to be a Civil Court of Third Grade and the court of the Rent Control Tribunal shall be deemed to be a Civil Court of Second Grade .

CHAPTER VII

NOTICES

21. Notice relating to sub- tenancy . – A notice creation or termination of sub-tenancy required under section 17 shall be in Form ‘E’.

22. Service of notice, etc. – Unless otherwise provided by the Act, any notice or intimation required or authorised by the Act to be served on any person shall be served,-

(a) By delivering it to the person; or

(d) Construction of buildings or development of land.]

CHAPTER VIII

MISSCALLANEOUS

23. Code of Civil Procedure to be generally followed. – In deciding any question relating to procedure not specifically provided by the Act and these rules the Controller and the Rent Control Tribunal shall ,as far as possible, be guided by the provisions contained in the Code of Civil Procedure, 1908.

24. Registers to be maintained by the Controller and Tribunal – The Controller and Rent Control Tribunal shall maintain such of the registers prescribed for use in civil courts in Delhi as may be necessary.

THE HINDU MARRIAGE ACT, 1955

 THE HINDU MARRIAGE ACT, 1955

(Act 25 of 1955)[18th May, 1955]

An Act to amend and codify the law relating to marriage among Hindus.

Preliminary

1. Short title and extent.-(1) This Act may be called the Hindu Marriage Act, 1955.

(2) It extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories.

2. Application of Act.- (1) This Act applies,-

(a) to any person who is a Hindu by religion in any of of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;

(b) to any person who is a Buddhist, Jaina or Sikh by religion, and

(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be,-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and

(c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

(2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

(3) The expression “Hindus” in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section.

3. Definitions.- In this Act, unless the context otherwise requires,-

(a) the expression “custom” and “usage” signify any rule which, having been continuously and uniformally observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family:

Provided that the rule is certain and not unreasonable or opposed to public policy; and

Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family;

(b)”District Court” means, in any area for which there is a City Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of matters dealt with in this Act;

(c)”full blood”and “half blood”- two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;

(d)”uterine blood” – two persons are said to be related to each other by uterine blood when they are descended from a common ancestor but by different husbands.

Explanation.- In Clauses (c) and (d) “ancestor” includes the father and “ancestress” the mother;

(e)”prescribed” means prescribed by rules made under this Act;

(f)(i)”Sapinda relationship” with reference to any person extends as far as the third generation(inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation;

(ii) two persons are said to be “sapinda” of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them;

(g)”degrees of prohibited relationship ” – two persons are said to be within the “degrees of prohibited relationship”-

(I) if one is a lineal ascendant of the other; or

(ii) if one was the wife or husband of a lineal ascendant or descendant of the other; or

(iii)if one was the wife of the brother or of the father’s or mother’s brother or of the grandfather’s or grandmother’s brother or the other; or

(iv)if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters.

Explanation.- for the purposes of clauses (f) and (g) relationship includes-

(I) relationship by half or uterine blood as well as by full blood;

(ii) illegitimate blood relationship as well as legitimate;

(iii) relationship by adoption as well as by blood; and all terms of relationship in those clauses shall be construed accordingly.

4. Overriding effect of Act.- Save as otherwise expressly provided in this Act.-

(a) any text,rule or interpretation of Hindu Law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to any matter for which provision is made in this Act;

(b) any other law in force immediately before the commencement of this Act shall cease to have effect in so far as it is inconsistent with any of the provisions contained in this Act.

Hindu Marriages

5. Condition for a Hindu Marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party,-

(a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity or epilepsy;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

(vi) (Omitted)

6. Guardianship in Marriage.- (Omitted by Marriage Laws (Amendment) Act, 1976.

7. Ceremonies for a Hindu marriage.-(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

8. Registration of Hindu Marriages.-(1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

(2) Notwithstanding anything contained in sub-section (1), the State Government may, if it is of opinion that it is necessary or expedient so to do, provide that the entering of the particulars referred to in sub-section (1) shall be compulsory in the State or in any part thereof, whether in all cases or in such cases as may be specified and where any such direction has been issued, and person contravening any rule made in this behalf shall be punishable with fine which may extend to twenty-five rupees.

(3) All rules made under this section shall be laid before the State Legislature, as soon as may be, after they are made.

(4) The Hindu Marriage Register shall at all reasonable times be open for inspection, and shall be admissible as evidence of the statements therein contained and certified extracts therefrom shall, on application, be given by the Registrar on payment to him of the prescribed fee.

(5) Notwithstanding anything contained in this section, the validity of any Hindu marriage shall in no way be affected by the omission to make the entry.

Restitution of Conjugal rights and judicial separation

9. Restitution of conjugal rights.- When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Explanation- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

10. Judicial separation.- (1) Either party to a marriage, whether solemnized before or after the commencement of this Act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of Section 13, and in the case of a wife also on any of the grounds might have been presented.

(2) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statement made in such petition, rescind the decree if it considers it just and reasonable to do so.

Nullity of Marriage and Divorce

11. Nullity of marriage and divorce- Void marriages.- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5.

12. Voidable Marriages.-(1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(ii) has ceased to be a Hindu by conversion to another religion ; or

(iii) has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation- In this clause-

(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party and whether or not it requires or is susceptible to medical treatment; or

(iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive;

Explanation.- In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

(1-A) Either party to a marriage, whether solemnized before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground-

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree of restitution of conjugal rights in a proceeding to which they were parties.

(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground-

(i) in the case of any marriage solemnized before the commencement of this Act, that the husband had married again before the commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner:

Provided that in either case the other wife is alive at the time of the presentation of the petition;

(ii) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

(iii) that in a suit under Section 18 of the Hindu Adoptions and Maintenance Act, (78 of 1956), or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, (Act 2 of 1974) or under corresponding Section 488 of the Code of Criminal Procedure, (5 of 1898), a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards;or

(iv) that her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Explanation.- This clause applies whether the marriage was solemnized before or after the commencement of the Marriage Law (Amendment) Act, 1976.

13-A. Alternate Relief in Divorce Proceedings.- If any proceeding under this Act, on a petition for dissolution of marriage by a decree of divorce, except in so far as the petition is founded on the grounds mentioned in clauses (ii), (vi) and (vii) of sub-section (1) of Section 13, the court may, if it considers it just so to do having regard to the circumstances of the case, pass instead a decree for judicial separation.

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

14. No petition for divorce to be presented within one year of marriage.- (1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

15. Divorced persons. When may marry again.- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.

16. Legitimacy of children of void and voidable marriages.-

(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether or not a decree of nullity is granted in respect of the marriage under this Act and whether or not the marriage is held to be void otherwise than on a petition under this Act.

(2) Where a decree of nullity is granted in respect of a voidable marriage under Section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity.

(3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under Section 12, any rights in or to the property of any person, other than the parents, in any case, where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.

17. Punishment of Bigamy.- Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of Sections 494 and 495 of the Indian Penal Code (45 of 1860) shall apply accordingly.

18. Punishment for contravention of certain other conditions for a Hindu marriage.- Every person who procures a marriage of himself or herself or to be solemnized under this Act in contravention of the conditions specified in clauses (iii), (iv), and (v) of Section 5 shall be punishable-

(a) in the case of a contravention of the condition specified in clause (iii) of Section 5, with simple imprisonment which may extend to fifteen days, or with fine which may extend to one thousand rupees, or with both;

(b) in the case of a contravention of the condition specified in clause (iv) or clause (v) of Section 5, with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both;

(c) Clause (c) omitted by Act 2 of 1978.

Jurisdiction and Procedure

19. Court to which petition shall be presented-

Every petition under this Act shall be presented to the District Court within the local limits of whose ordinary original civil jurisdiction:

(i) the marriage was solemnized, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.

20. Contents and verification of Petitions.-(1) Every petition presented under this Act shall state as distinctly as the nature of the case permits the facts on which the claims to relief is founded and, except in a petition under Section 11, shall also state that there is no collusion between the petitioner and the other party to the marriage.

(2) The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints, and may, at the hearing, be referred to as evidence.

21. Application of Act 5 of 1908.- Subject to the other provisions contained in this Act and to such rules as the High Court may make in this behalf all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procedure, 1908.

21-A. Power to transfer petitions in certain cases.-(1)Where-

(a) a petition under this Act has been presented to a District Court having jurisdiction by a party to marriage praying for a decree for a judicial separation under Section 10 or of a decree of divorce under Section 13; and

(b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under Section 10 or for a decree of divorce under Section 13 on any ground, whether in the same District Court or in a different District Court, in the same State or in a different State,
the petitions shall be dealt with as specified in sub-section (2).

(2) In a case where sub-section (1) applies,-

(a) if the petitions are presented to the same District Court, both the petitions shall be tried and heard together by that District Court;

(b) if the petition are presented to different District Courts, the petition presented later shall be transferred to the District Court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented.

(3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, 5 of 1908 to transfer any suit or proceeding from this District Court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.

21-B. Special provision relating to trial and disposal of petitions under the Act.-(1) The trial of a petition under this Act, shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day until its conclusion unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.

(2) Every petition under this Act shall be tried as expeditiously as possible, and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition on the respondent.

(3) Every appeal under this Act shall be heard as expeditiously as possible, and endeavour shall be made to conclude the hearing within three months from the date of service of notice of appeal on the respondent.

21.-C. Documentary evidence.- Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this Act on the ground that it is not duly stamped or registered.

22. Proceedings to be in camera and may not be printed or published.-(1) Every proceedings under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

(2) If any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to one thousand rupees.

23. Decree in proceedings.-(1) In any proceeding under this Act, whether defended or not, if the Court is satisfied that-
(a) any of the grounds for granting relief exists and the petitioner except in cases where the relief is sought by him on the grounds specified in sub-clause (a), sub-clause (b) and sub-clause (c) of clause (ii) of Section 5 is not any way taking advantage of his or her own wrong or disability for the purpose of such relief, and

(b) where the ground of the petition is the ground specified in clause (i) of sub-section (1) of Section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground or the petition is cruelty the petitioner has not in any manner condoned the cruelty, and

(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and

(c) the petition not being a petition presented under section 11 is not presented or prosecuted in collusion with the respondent, and

(d) there has not been any unnecessary or improper delay in instituting the proceeding, and

(e) there is no other legal ground why relief should not be granted, then,and in such a case, but not otherwise, the court shall decree such relief accordingly.

(2) Before proceeding to grant any relief under this Act, it shall be the duty of the Court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:

Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii), of sub-section (1) of Section 13.

(3) For the purpose of aiding the Court in bringing about such reconciliation, the court may, if the parties so desire or if the Court thinks it just and proper so to do adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the Court if the parties fail to name any person, with directions to report to the Court as to whether reconciliation can be and has been effected and the court shall in disposing of the proceeding have due regard to the report.

(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.

23-A. Relief for respondent in divorce and other proceedings.- In any proceedings for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.

24. Maintenance pendente lite and expenses of proceedings.-

Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable.

25. Permanent alimony and maintenance.-(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immoveable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

26. Custody of children.- In any proceeding under this Act, the Court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with their wishes, wherever possible, and may, after the decree, upon application by petition for the purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending, and the Court may also from time to time revoke, suspend or vary any such orders and provisions previously made.

27. Disposal of property.-In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the wife.

28. Appeals from decrees and orders.-(1) All decrees made by Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceedings under this Act, under Section 25 or Section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on subject of costs only.

(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

28(A) Enforcement of decrees and orders.- All decrees and orders made by the Court in any proceeding under this Act, shall be enforced in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction for the time being enforced.

29. Savings.-(1) A marriage solemnized between Hindus before the commencement of this Act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same gotra or pravara or belonged to different religion, castes or sub-divisions of the same caste.

(2) Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of this Act.

(3) Nothing contained in this Act shall affect any proceeding under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage or for judicial, separation pending at the commencement of this Act, and any such proceeding may be continued and determined as if this Act had not been passed.

(4) Nothing contained in this Act shall be deemed to effect the provisions contained in the Special Marriage Act, 1954 (43 of 1954), with respect to marriages between Hindus solemnized under that Act, whether before or after the commencement of this Act.

30. Repeals.- (Repealed by the Repealing and Amendment Act, 1960 (58 of 1960), Sec. 2 and the First Schedule.)