Application to the Controller, Delhi Rent Control Act, 1958 | Important Acts and Laws for Judiciary Exams PDF Download

Introduction

• Background: The Delhi Rent Control Act of 1958 originated in the 20th century, post the partition crisis, and was further developed after the Second World War in 1939. Initially tenant-friendly, it aimed to shield economically weaker sections from arbitrary evictions and soaring rents.
• Controller: Within the Act, the Controller is defined as the official responsible for regulating property rents, possessing powers akin to a Civil Court under the Code of Civil Procedure, 1908.
• Appointment and Powers: The qualifications for Controller appointment and their functions and authority are detailed in Chapter VI of the Act.

Applications to the Controller

• Role: The Controller mediates disputes between landlords and tenants, ensuring fair agreements. Either party can approach the Controller via an application to resolve conflicts.
• Applications under Sections 9, 13, 14, or 19(1): These sections outline procedures for standard rent fixation, tenant protection against violations, eviction grounds, and property re-possession.
• Landowners' Perspective: While the Act historically favored tenants, sections like 9 and 19(1) grant landlords certain rights, allowing property re-possession under specific circumstances.
• Tenants' Perspective: Tenants benefit from fixed and standard rents, protection against unreasonable evictions, and the ability to claim possession through Controller applications.

Significance of the Act

• Impact: The Act's historical context and provisions have influenced property market dynamics, causing debates on its fairness and effectiveness in contemporary times.
• Assessment: Despite amendments, the Act's effectiveness remains questionable, with ongoing debates regarding its impact on landlords and tenants.

Application for Re-enter

• An application by a tenant for re-entry should be submitted within six months of the cause of action arising, as per Section 19(2) or Section 20(3). The application must outline the grounds for seeking possession.
• Section 19(2) states that if a landlord leases the property to a new tenant within three years of eviction, the evicted tenant can request possession or compensation from the landlord.
• Under Section 20(3), if a landlord fails to maintain the property or provide occupation after the tenant vacates, the tenant can apply for the landlord to provide occupation.

Landlord Perspective

• These sections restrict landlords' freedom to engage tenants or workers for property maintenance. The process appears biased towards tenants, potentially leading to misuse of power without proper investigation.
• Concerns about delays in re-engaging tenants are raised, emphasizing the need for fair treatment of landlords and thorough investigations before action is taken.
• Suggestions include employing experts for investigations and providing counseling for both landlords and tenants to ensure fair outcomes.

Tenants’ Perspective

• These sections protect tenants from unjust eviction and ensure compensation and accommodation in the building. However, there is a risk of misuse by tenants with malicious intent.
• While these provisions safeguard tenants' rights, precautions should be taken to prevent misuse and ensure fair treatment for all parties involved.

Application for Recovery of Possession under Section 21

• An application for recovery of possession under section 21 must be submitted by the landlord within six months after the expiration of the tenancy period.
• This section specifically addresses situations where tenancies are for a limited period. If there is a written agreement between the landlord and tenant regarding the duration of the tenancy, and the tenant fails to vacate the premises upon the end of the agreed period, the Controller can grant possession of the property to the landlord and evict the tenant and any other occupants.
• The primary purpose of this section is to safeguard the interests of landlords against tenants with malicious intentions. It is crucial for both parties to abide by the terms of the written agreement. Violations of the agreement may lead to legal consequences.

Form of other Application

• An application not previously mentioned in these regulations should, as much as possible, be drafted in Form A and needs to clearly delineate the reasons behind its submission.
• According to this guideline, applications directed to the Controller are expected to adhere to Form A. This form should outline the specific grounds for the application and indicate the relevant sections that these grounds correspond to.

Manner in which Applications are to be made

• Applications under the Act must be signed and verified as per rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908. The applicant or their recognized agent should present the application to the Controller.
• Each application should be accompanied by a copy or sufficient copies for the respondent(s) mentioned in it.

Rules under CPC, 1908

• Rule 14 of the CPC, 1908 requires pleadings to be signed by the pleader or any authorized person in the absence of the pleader.
• Rule 15 of the CPC, 1908 deals with the verification of pleadings, ensuring that the pleader verifies the facts to the satisfaction of the Court by signing them.

Summary of Key Points

• Appearance before the Controller: Parties can appear before the Controller in person or through a recognized agent, with the Controller having the authority to direct a personal appearance if needed.
• Valuation Report: Valuation reports by valuers regarding premises must be in Form F, with fees to be decided by the Rent Controller.
• Form F Details: Form F pertains to the intricacies of rent valuation and property details.

Conclusion

• The Delhi Rent Control Act, 1958, despite benefiting tenants and economically weaker sections, is considered outdated. Efforts have been made to modernize the Act, but challenges persist, particularly impacting landowners.
• Application Process: The Act outlines how landlords and tenants can apply for their rights under various sections, emphasizing the need for legal adaptations to contemporary circumstances.
• Legal Evolution: Laws must evolve to align with changing societal needs and modern contexts.