Eviction – derived from the word evincere it means to dispossess by judicial process or in course of

judicial proceeding.

It is removal of tenant from possession of premises in which he resides.

Can be done by landlord by re-entry or through court action.

It may be physical removing of person from premises or by disrupting amenities and services known as
constructive eviction.

Grounds for eviction- section 14(1)(a)

Delhi rent control act provides for 12 grounds of permanent and temporary eviction under section 14 of
the act. Some more grounds were added by way of amendments.

Section 3( c ) states that the act shall not apply to the premises whose monthly rent exceeded Rs. 3500.

Grounds –

1. Non payment for rent- if there is default in payment of rent and notice of arrears is served on
tenant . the controller after giving parties an opportunity may direct tenant to pay either to the
landlord or deposit with the controller the arrears of rent and also future rent. If tenant
deposits then no eviction may be done. There should be relationship bw landlord and tenant,
existence of arrears, service of notice and failure of tenant to pay within 2 months of service of
notice. ( santosh Mehta vs om prakash)

2. Subletting without obtaining consent of landlord- if tenant has allowed any other person to
occupy the whole or part of premises on the ground that such person is a partner of tenant in
the business whereas actually the premises has been sub let then he shall have no protection.
Sub tenant has no independent title to the premises and he can claim only under tenant and
there is no contract bw landlord and sub tenant. If premises have been sub let before june 1952
the premises shall be deemed to have been sub let lawfully even without consent of landlord in
writing. One month notice has to be given to landlord before subletting and after termination.
Order of eviction against tenant shall apply to sub tenant aswell. (jagan nath through lrs vs
chander bhaan and ors).

3. Misuse of premises- should either cause public nuisance or damage to the premises or
dertrimantal to the interest of the landlord. Landlord can file eviction to controller after giving
notice to tenant and if he does not stop misuse within 1 month of service of notice.
4. Residential premises kept vacant- if neither the tenant nor any member of his family has been
residing for a period of six months then possession can be recovered.( bangia vs r.c bhasin)
5. Bonafide requirement of the premises by landlord- 3 purposes mentioned under the act . first if
premises are required as residence for himself or any family member dependent on him or any
 person for whose benefit the premises are held and that guy has no suitable residential
accommodation. Second if the premises have become unsafe or unfit for human habitation.
And third if the premises require alterations which cannot be performed without premises being
vacated. The policy behind this section is not to evict the tenant but the purpose is the safety of
the tenant. (roop lal mehra vs kamla soni )
6. Alternate premises available to tenant- tenant can be evicted if he has built a residence and ten
years have elapsed. Policy of law is that person has obtained another accommodation for
residence then he should not normally allowed to have more than one residence and if he
acquires another residential premise then he must vacate the one acquired on rent.
7. Termination of service tenancy- if premise was let by reason of tenant being in service or
employed by landlord then he can be evicted when he ceases to be in such service or
employment. The above two conditions have to satisfied by the landlord.
8. Damage or substantial alteration caused to premises by tenant- if controller is satisfied that
tenant has carried out repairs to the damage or pays compensation to the landlord then he may
not be evicted. If he doesn’t after order by controller then he may be evicted.
9. Tenant violating condition imposed by government – imposed upon landlord by govt or delhi
development authority dda or mcd. Tenant is given an opportunity to comply with the
conditions. Tenant must continue even after notice given by landlord.

IMMEDIATE RIGHT OF RECOVERY-

Section 14 A – This section gives govt. servants residing in govt. accommodation an immediate right
to recover possession of their own house. The landlord must fulfill the foll. Conditions:
He should be in occupation of residential premise allotted to him by central govt. or local authority;
Hes required to vacate such premises by special or general order of the govt. ; Such order is made
on the ground that he owns residential accommodation either in his own name, his wife, or his
dependent child in UT of Delhi.

Section 14B- Accrues to members of armed forces, where landlord is retired from armed forcesand
premises let out by him are required for his own residence or dependent. Accrues within one year of
his release or retirement. Has to give notice to rent controller one year before retirement, for
recovering possession.

Section 14C- This accrues to possession of premises by central govt. and delhi admin.
Employees( same as above)

Section 14D- Accrues to a widow, if premises have been let out by husband and she requires them
for her own residence, she can apply to controller.

Dispute settlement machinery-

Section 35 – power to central govt to appoint controller and define local limits within which they will
exercise their powers. Also additional controllers can be appointed. They shall perform functions
assigned to them in writing by controller. Person should have 5 years experience as judicial officer in
India or 7 years as advocate or pleader.

Section 36,41,42 – powers of controller

Same powers given to civil court under crpc –

Summoning and examination on oath

Discovery and production of documents

Examination of witness

Any other matter

Enter or authorize officer to inspect premise between sunrise and sunset. 24 hours notice is
required to be given.

Appoint person having special knowledge to advise.

Impose fines and sufficient time may be given to pay fine and it may be recoverable as per crpc.

Controller has all the powers of civil court.

Appeal to tribunal section 38-

Against order of controller to rent control tribunal. Only on question of law. Tribunal consists of one
person appointed by cent govt. must be made within 30 days of order of controller. Even after 30
days if sufficient cause is given. May transfer proceeding from one controller to another. He has to
have been a district judge or judicial officer for atleast 10 years.

Additional rent control tribunals 38 A – cent govt can appoint as many if it deems fit.

Powers of high court 38 B – hc may transfer appeal pending before tribunal to any additional
tribunal or vice versa.