Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Delhi Rent Control Act, 1958

Wednesday, August 12, 2009
Delhi Rent Control Act, 1958

Delhi Rent Control Act, 1958 — Section 14(1)(a) read with Section 14(2), Section 15, Section 26 and Section 27 — In the present case, admittedly, landlord/appellants had not accepted any rent tendered by the tenant/respondent within the time referred to in Section 26 — Held, it was the duty of the tenant to deposit such rent before the Rent Controller as prescribed in Section 27 of the Act — Admittedly, this step was not taken by the respondent which is mandatory in nature and, therefore, that the tenant/respondent had committed a second default in payment of rent and is, therefore, liable to be evicted from the suit premises — Order of the High Court set aside and that of the Rent Control Tribunal is restored — Appeal allowed.

 
Delhi Rent Control Act, 1958

Delhi Rent Control Act, 1958 — Section 27 — Word “may” — Held, the word “may”, was used by the Legislature to mean that the procedure given in those provisions must be strictly followed as the special protection has been given to the tenant from eviction — Such a cannon of construction is certainly warranted because otherwise intention of the Legislature would be defeated and the class of landlords, for whom also, the beneficial provisions have been made for recovery of possession from the tenants on certain grounds, will stand deprived of them. 

 
Delhi Rent Control Act, 1958

Delhi Rent Control Act, 1958 — Word “may” — Considering the scope and object of the Act and the provisions of the same, the word “may” in the context of the Act, held, shall be construed as “shall”.  

 
Monday, May 12, 2008
Delhi Rent Control Act, 1958

Delhi Rent Control Act, 1958 — Section 14(1)(e) — Constitution of India, 1950, Article 14 — Whether Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short ‘the 1958 Act’) is ultra vires the doctrine of equality enshrined in Article 14 of the Constitution of India? — Held, yes — Section 14(1)(e) of the 1958 Act is violative of the doctrine of equality embodied in Article 14 of the Constitution of India insofar as it discriminates between the premises let for residential and non-residential purposes when the same are required bona fide by the landlord for occupation for himself or for any member of his family dependent on him and restricts the latter’s right to seek eviction of the tenant from the premises let for residential purposes only — However, the aforesaid declaration should not be misunderstood as total striking down of Section 14(1)(e) of the 1958 Act — Ends of justice will be met by striking down the discriminatory portion of Section 14(1)(e) so that the remaining part thereof may read as under : —

  "that the premises are required bona fide by the landlord for himself or for any member of his family dependent on him, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other reasonably suitable accommodation." 

 
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