Section 2 of the Delhi Rent Control Act, 1958: Definitions

Section 2 supplies the key statutory meanings used throughout the Delhi Rent Control Act, 1958, including "landlord", "tenant", "premises", "standard rent", "Controller" and "lawful increase". These definitions should be read with the particular provision in which the expression is used because the section begins with the qualification "unless the context otherwise requires".

Meaning of terms under Section 2

Section 2. Definitions. In this Act, unless the context otherwise requires:

(a) "basic rent"

In relation to premises let out before 2 June 1944, the basic rent determined in accordance with the Second Schedule.

(b) "Controller"

A Controller appointed under section 35(1), including an additional Controller appointed under section 35(2).

(c) "fair rate"

The fair rate fixed under section 31, including the rate as revised under section 32.

(d) "hotel or lodging house"

A building or part of a building where lodging, with or without board or other services, is provided for monetary consideration.

(e) "landlord"

A person who is receiving, or is entitled to receive, rent of premises, whether on his own account or for another person, including as trustee, guardian or receiver, and a person who would receive or be entitled to receive rent if the premises were let to a tenant.

(f) "lawful increase"

An increase in rent permitted under the Act.

(g) "manager of a hotel"

Includes any person in charge of the management of the hotel.

(h) "owner of a lodging house"

A person entitled to receive monetary consideration for board, lodging or other services provided in the lodging house, whether on his own account, jointly, as agent or as trustee.

(i) "premises"

A building or part of a building let, or intended to be let separately, for residential, commercial or any other purpose. It includes appurtenant garden, grounds and outhouses and furniture supplied by the landlord, but excludes a room in a hotel or lodging house.

(j) "prescribed"

Prescribed by rules made under the Act.

(k) "standard rent"

The standard rent referred to in section 6 or, where increased under section 7, the rent as so increased.

(l) "tenant"

A person by whom, or on whose account or behalf, rent is or would be payable, and includes a sub-tenant and a person continuing in possession after termination of tenancy. It also contains special succession provisions where such a person dies.

(m) "urban area"

Has the same meaning as in the Delhi Municipal Corporation Act, 1957.

Tenant and succession under Section 2(l)

The definition of "tenant" is wider than a person whose contractual tenancy is still subsisting. It expressly includes a sub-tenant and a person continuing in possession after termination of tenancy. Where such a person dies, the clause identifies the relatives who may qualify to continue in possession, subject to the statutory order and conditions.

The succession order in Explanation I is: first, the surviving spouse; second, son or daughter (or both) in the circumstances stated in the provision; third, parents; and fourth, a daughter-in-law who is the widow of a pre-deceased son, again subject to the statutory conditions concerning ordinary residence with the deceased.

Explanation II limits the right of a successor who was not financially dependent on the deceased on the date of death to one year. Explanation III addresses the effect of extinction of that right and states that the successor's right is personal and does not devolve on that successor's heirs.

The definition excludes a person against whom an eviction order or decree has been made, subject to the statutory exception concerning section 3 of the Delhi Rent Control (Amendment) Act, 1976, and also excludes a licensee within section 52 of the Indian Easements Act, 1882.

Why the definitions matter

These definitions determine the scope of several substantive protections and obligations under the Act. For example, whether a person falls within the statutory meaning of "tenant", whether property is "premises", and whether a person is a "landlord" can affect the application of provisions concerning rent, eviction and proceedings before the Controller.

Related provisions

Section 2 should be read with Section 3 on premises to which the Act does not apply, Section 6 on standard rent, Section 7 on lawful increase and other charges, and the provisions governing appointment and powers of the Controller.

Editorial note: This page explains and organizes the statutory definitions for easier reading. For authoritative wording, amendments and applicability, consult the official text of the Act.