Section 12 of Delhi Rent Control Act, 1958 - Limitation for Application for Fixation of Standard Rent

Section 12 of the Delhi Rent Control Act, 1958 prescribes the time limits within which a landlord or tenant may apply to the Controller for fixation of standard rent or determination of a lawful increase in rent. The provision also permits a delayed application where sufficient cause prevented filing within the prescribed period.

Important correction: The earlier text on this page concerned refund or adjustment of an unlawful payment. That subject belongs to Section 13. Section 12 deals with limitation for applications relating to standard rent and lawful increase.

What Section 12 provides

In practical terms, Section 12 regulates when an application under the standard-rent framework may be presented to the Rent Controller. The applicable period depends on when the premises were let or when the cause of action for a lawful increase arose.

Section 12 - Limitation framework

  1. For premises let, or a cause of action for lawful increase arising, before commencement of the Act, the application was required within two years from commencement.
  2. For premises let after commencement of the Act but before commencement of the Delhi Rent Control (Amendment) Act, 1988:
    1. a landlord's application is to be made within two years from the date on which the premises were let to the tenant concerned; and
    2. a tenant's application is to be made within two years from the date on which the premises were let to that tenant.
  3. Where the cause of action for a lawful increase of rent arises after commencement of the Act, the application is to be made within two years from the date on which that cause of action arises.
  4. For premises covered by Section 6(2)(c), the Act, as amended in 1988, provides the corresponding two-year limitation period specified in Section 12.

Proviso: The Controller may entertain an application after expiry of the prescribed two-year period if satisfied that sufficient cause prevented the applicant from filing it in time.

Meaning of important legal terms

Standard rent

"Standard rent" is the rent determined in accordance with the statutory scheme of the Delhi Rent Control Act. Sections 6 and 9 contain the principal provisions concerning the calculation and fixation of standard rent, while Section 12 deals with the limitation period for making the relevant application.

Lawful increase

A "lawful increase" means an increase in rent permitted by the Act rather than an increase imposed merely by agreement or demand contrary to the statutory rent-control provisions. The relevant entitlement and calculation must therefore be read with the other provisions of Chapter II of the Act.

Controller

The "Controller" means a Controller appointed under the Delhi Rent Control Act to exercise the powers and perform the functions assigned by the Act, including adjudication of applications concerning standard rent.

Sufficient cause

The proviso to Section 12 gives the Controller power to consider an application filed after the ordinary limitation period when the applicant establishes sufficient cause for the delay. Whether sufficient cause exists depends on the facts and evidence of the particular case.

Effect of the Delhi Rent Control (Amendment) Act, 1988

The Delhi Rent Control (Amendment) Act, 1988 amended Section 12, including its treatment of premises let before commencement of the 1988 amendment and the addition of a category connected with Section 6(2)(c). For any current dispute, the applicable version of the Act and the dates on which the premises were let or the relevant cause of action arose should be checked carefully.

Key points to remember

  • Section 12 concerns limitation for applications to fix standard rent or determine a lawful increase.
  • The principal statutory period stated in the provision is two years, subject to the category of premises and the relevant triggering date.
  • The proviso allows the Controller to entertain a delayed application where sufficient cause is shown.
  • Section 12 should be read with Sections 6 and 9 and other relevant provisions of Chapter II of the Delhi Rent Control Act, 1958.
  • The facts of the tenancy, the date of letting and the date on which any cause of action arose are important for limitation.

Official legal source

For the authoritative Act text and amendments, see the Delhi Rent Control Act, 1958 on India Code.

This page is intended for general legal information. Application of limitation provisions depends on the facts of each case and the law applicable on the relevant date.