Section 20 of Delhi Rent Control Act 1958: Recovery of Possession for Repairs, Rebuilding and Re-entry
Section 20 protects a tenant who is required to give possession because the premises need repairs, building work or rebuilding under the grounds referred to in Section 14(1), proviso clauses (f) or (g). It provides a statutory mechanism for the tenant to elect re-entry and gives the Controller power to grant restoration or compensation if the landlord does not comply.
What Section 20 provides
- The Controller must ask the tenant whether the tenant elects to be placed back in occupation after the work is completed.
- If the tenant elects re-entry, that election is to be recorded in the eviction order.
- The order must specify the date by which possession is to be delivered so that the landlord can begin the required work.
- After completion of repairs, building or rebuilding, the landlord must place the tenant back in occupation where the statutory conditions are satisfied.
- If the landlord does not commence the work within one month, does not complete it within a reasonable time, or does not restore occupation after completion, the tenant may seek relief from the Controller within the prescribed time.
Text of Section 20
(1) In making any order on the grounds specified in clause (f) or clause (g) of the proviso to sub-section (1) of section 14, the Controller shall ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be.
(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or re-building, place the tenant in occupation of the premises or part thereof.
(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or re-building within one month of the specified date or fails to complete the work in a reasonable time or having completed the work, fails to place the tenant in occupation of the premises in accordance with sub-section (2), the Controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises or part thereof or to pay to the tenant such compensation as the Controller thinks fit.
Meaning and legal effect of Section 20
1. Tenant's election for re-entry
The right under Section 20 begins at the stage when the Controller makes an order on the grounds specified in Section 14(1), proviso clauses (f) or (g). The Controller must ascertain whether the tenant wishes to return to the premises after the relevant work. When the tenant elects to return, the election is recorded in the order.
2. Delivery of possession for the work
The Controller specifies the date on or before which the tenant must deliver possession. The purpose is to enable the landlord to commence repairs, building or rebuilding. Timely delivery of possession is important because sub-sections (2) and (3) expressly operate where the tenant delivers possession on or before the specified date.
3. Landlord's duty to restore occupation
After the work is completed, sub-section (2) requires the landlord to place the tenant back in occupation of the premises or the relevant part. The provision therefore links an eviction for the specified works with a statutory right of re-entry where the tenant has made the election and complied with the order.
4. Remedy if work is not started or completed
Sub-section (3) addresses three situations: failure to commence the work within one month of the specified date, failure to complete the work within a reasonable time, and failure to restore the tenant to occupation after the work has been completed.
5. Restoration or compensation
On an application by the tenant made within the prescribed time, the Controller may direct the landlord to restore occupation of the premises or part thereof, or may direct payment of such compensation as the Controller considers fit.
Important definitions under the Act
Controller: Section 2(b) defines "Controller" as a Controller appointed under Section 35(1), and includes an additional Controller appointed under Section 35(2).
Landlord: Section 2(e) broadly includes a person receiving or entitled to receive rent, whether on his own account or for another person, and a person who would receive or be entitled to receive rent if the premises were let to a tenant.
Premises: Section 2(i) covers a building or part of a building let, or intended to be let separately, for residential, commercial or other use, subject to the complete statutory definition and its inclusions and exclusions.
Practical points for tenants and landlords
A tenant who wants to exercise the statutory right of re-entry should ensure that the election is recorded in the Controller's order and should comply with the date fixed for delivery of possession. A landlord obtaining possession for the specified work should commence and complete the work in accordance with Section 20 and restore occupation where required. The exact facts, the eviction order and the applicable procedural rules should be checked before filing an application.
Official legal source
The official consolidated text of the Delhi Rent Control Act, 1958 is available through India Code - Delhi Rent Control Act, 1958.
This page is an informational explanation of Section 20 and should be read with the complete Act, applicable rules, notifications and judicial decisions relevant to the facts of a particular case.