Section 19 of Delhi Rent Control Act, 1958: Recovery of Possession for Occupation and Re-entry

Section 19 of the Delhi Rent Control Act, 1958 protects an evicted tenant where possession was recovered by a landlord for specified occupation-related grounds but the premises are not used as contemplated by law, are re-let without permission, or are transferred without a bona fide reason.

In brief: after obtaining possession on the grounds covered by Section 19, a landlord ordinarily cannot re-let the whole or any part of the premises within three years without the Controller's permission. The provision also creates a remedy of restoration of possession or compensation for the evicted tenant in specified circumstances.

Text and meaning of Section 19

Section 19(1): Restriction on re-letting

Where a landlord recovers possession of any premises from the tenant pursuant to an order under clause (e) of the proviso to Section 14(1), or under Sections 14A, 14B, 14C, 14D or 21, the landlord cannot, except with permission of the Controller obtained in the prescribed manner, re-let the whole or any part of the premises within three years from the date of obtaining possession. While granting permission, the Controller may direct the landlord to put the evicted tenant back in possession.

Section 19(2): Re-entry or compensation for evicted tenant

If possession has been recovered as described above and the premises are not occupied by the landlord, or by the person for whose benefit they are held, within two months of obtaining possession, the evicted tenant may have a remedy under Section 19(2). The provision also applies where, within three years, the premises are re-let to someone other than the evicted tenant without the Controller's permission, or possession is transferred to another person for reasons that do not appear bona fide to the Controller.

On an application by the evicted tenant made within the prescribed time, the Controller may direct the landlord to restore possession to the tenant or pay such compensation as the Controller considers fit.

Key requirements under Section 19

Meaning of important provisions referred to in Section 19

Section 14(1)(e) - bona fide requirement

Section 14(1)(e) concerns recovery of possession where the premises are bona fide required by the landlord for occupation as contemplated by that provision and the statutory conditions are satisfied. Section 19 acts as a post-eviction safeguard against a recovery of possession for occupation being followed by conduct inconsistent with the statutory purpose.

Sections 14A to 14D - special rights to recover immediate possession

Sections 14A, 14B, 14C and 14D create special recovery rights for the categories specified in those provisions, including certain persons required to vacate government-allotted residential accommodation, members of the armed forces and specified successors, certain Central Government and Delhi Administration employees, and widows. Section 19 extends its post-possession safeguards to recovery under these provisions.

Section 21 - tenancy for a limited period

Section 21 deals with letting residential premises for a limited period with the Controller's permission in the circumstances stated in that section. Section 19 expressly includes possession recovered under Section 21 within its re-letting and re-entry framework.

Procedure under the Delhi Rent Control Rules, 1959

Under Rule 3 of the Delhi Rent Control Rules, 1959, an application for permission to re-let under Section 19(1) is made in Form A and must state the ground on which the premises are sought to be re-let, wholly or partly. Rule 4 provides that an application by an evicted tenant under Section 19(2) for being put back in possession must be made within six months from the date on which the cause of action for re-entry arises and must state the grounds on which possession is claimed.

Practical effect of Section 19

The section links an eviction obtained for occupation with the landlord's subsequent use of the premises. A landlord who has recovered possession on a ground covered by Section 19 should therefore consider the statutory three-year restriction before re-letting. An evicted tenant who discovers non-occupation, unauthorized re-letting or a transfer that appears not to be bona fide should also consider the six-month procedural period prescribed by Rule 4 for an application seeking re-entry.

Official legal source

The current statutory text should be checked against the official India Code publication of the Delhi Rent Control Act, 1958 before relying on this page for a proceeding or filing.

Official India Code - Delhi Rent Control Act, 1958

Last reviewed: 24 September 2026. This article is a general legal information resource and does not substitute for advice on the facts of a particular tenancy or proceeding.