Section 14A of Delhi Rent Control Act, 1958 - Right to Recover Immediate Possession
Section 14A creates a special right of immediate recovery of possession for a landlord who occupies Government or local-authority allotted residential accommodation and is required to vacate it, or incur specified obligations, because the landlord owns residential accommodation in Delhi in his or her own name or in the name of a wife or dependent child.
Meaning and scope of Section 14A
The provision operates notwithstanding contrary provisions elsewhere in the Delhi Rent Control Act, 1958, other law, contract, custom or usage. The right arises from the date of the relevant Government or local-authority order. Where the landlord owns two or more dwelling houses in Delhi, the proviso restricts recovery under this section to one dwelling house, which the landlord may identify.
Sub-section (2) addresses the financial consequences of exercising this special right. It bars compensation to the tenant or a person claiming through the tenant, but requires proportionate refund of advance rent and certain other payments for the unexpired portion of the tenancy arrangement. A default in making the required refund attracts simple interest at six per cent per annum.
Text of Section 14A
14A. Right to recover immediate possession of premises to accrue to certain persons.
(1) Where a landlord who, being a person in occupation of any residential premises allotted to him by the Central Government or any local authority is required, by, or in pursuance of, any general or special order made by that Government or authority, to vacate such residential accommodation, or in default, to incur certain obligations, on the ground that he owns, in the Union territory of Delhi, a residential accommodation either in his own name or in the name of his wife or dependent child, there shall accrue, on and from the date of such order, to such landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him:
Provided that nothing in this section shall be construed as conferring a right on a landlord owning, in the Union territory of Delhi, two or more dwelling houses whether in his own name or in the name of his wife or dependent child to recover the possession of more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.
(2) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, custom or usage to the contrary, where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority:
Provided that where the landlord had received -
(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;
(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract or agreement, or lease bears to the total period of contract or agreement or lease:
Provided further that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of six per cent per annum on the amount which he has omitted or failed to refund.
Key requirements
For Section 14A to apply, the statutory conditions must be satisfied: the landlord must occupy residential premises allotted by the Central Government or a local authority; an applicable order must require vacation of that accommodation, or impose obligations in default, because of ownership of residential accommodation in Delhi; and the premises sought to be recovered must be premises let out by that landlord.
Refund obligations after recovery
If possession is recovered under Section 14A, advance rent attributable to the unexpired tenancy period must be refunded within ninety days. Other qualifying payments must likewise be refunded proportionately within that period. The statutory interest consequence for default is simple interest at six per cent per annum.
Official legal source
The current consolidated Central Act can be checked on India Code - Delhi Rent Control Act, 1958. Section 14A appears in Chapter III, which deals with control of eviction of tenants.
Legislative note: Section 14A was inserted by Act 18 of 1976, section 5, with effect from 1 December 1975.