Section 10 of Delhi Rent Control Act, 1958 - Fixation of Interim Rent

Section 10 empowers the Rent Controller to fix an interim amount of rent, or an interim lawful increase in rent, while an application under Section 9 is awaiting final decision.

What Section 10 provides

If an application for fixing the standard rent or for determining the lawful increase of such rent is made under Section 9, the Controller must act as expeditiously as possible and make an order specifying the rent or lawful increase payable by the tenant to the landlord pending the final decision. The Controller must also appoint the date from which the amount specified in the interim order is to take effect.

The wording above is presented in plain-language form for readability. For the authoritative statutory text, refer to the official India Code copy linked in the sidebar.

Meaning and purpose of fixation of interim rent

"Interim rent" under Section 10 is a temporary rent figure fixed by the Controller during the pendency of proceedings concerning standard rent or a lawful increase. It is not the final determination of standard rent. Its purpose is to regulate the amount payable during the period in which the Controller is considering the application on merits.

Section 10 operates together with Section 9 of the Delhi Rent Control Act. Section 9 deals with the Controller's power to fix standard rent or determine a lawful increase. Once such an application is made, Section 10 provides the mechanism for an interim order pending the final decision.

Key requirements under Section 10

1. There must be an application under Section 9

The power to fix interim rent under Section 10 is connected to an application for fixation of standard rent or determination of a lawful increase made under Section 9.

2. The Controller should act expeditiously

The section expressly requires the Controller to make the interim order as expeditiously as possible. This reflects the temporary and protective nature of the order while the main rent proceeding remains pending.

3. The interim order specifies the amount payable

The order specifies the rent, or the lawful increase in rent, to be paid by the tenant to the landlord until the application is finally decided.

4. The effective date must be fixed

The Controller also appoints the date from which the interim rent or lawful increase specified in the order is deemed to have effect.

Section 10 and Section 11 are different

Important: The rule limiting the liability of a collector of rent or middleman belongs to Section 11, not Section 10. Section 10 concerns fixation of interim rent. The earlier version of this page reproduced the Section 11 provision under the Section 10 heading; that has been corrected in this redesign.

Related provisions of the Delhi Rent Control Act

For the statutory sequence on rent regulation, readers may also refer to Section 6 on standard rent, Section 6A on revision of rent, Section 7 on lawful increase and other charges, Section 8 on notice of increase, and Section 9 on fixation of standard rent by the Controller.

Practical summary

Where a dispute concerning standard rent or lawful increase is already before the Controller under Section 9, Section 10 allows a temporary amount to be fixed for payment during the pendency of that proceeding. The final rights of the parties remain subject to the Controller's final decision on the underlying application.

This page is a general legal information resource and should be read with the current statutory text and applicable judicial decisions.