Section 22 of Delhi Rent Control Act, 1958 - Special Provision for Recovery of Possession in Certain Cases

Section 22 of the Delhi Rent Control Act, 1958 creates a special ground for recovery of possession where the landlord is a company, other body corporate, local authority or public institution and the statutory conditions are satisfied. It operates notwithstanding Section 14 or any other law.

Meaning and scope of Section 22

The provision is directed at specified institutional landlords. A company, body corporate or local authority may seek possession where premises are required for the use of its employees. A public institution may also seek possession where the premises are bona fide required for furtherance of its activities.

The Rent Controller must be satisfied that at least one of the grounds stated in clauses (a) to (d) exists. The section therefore does not provide automatic eviction merely because the landlord falls within one of the specified categories.

Text of Section 22

Where the landlord in respect of any premises is any company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities, then, notwithstanding anything contained in section 14 or any other law, the Controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Controller is satisfied--

(a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or

(b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or

(d) that the premises are required bona fide by the public institution for the furtherance of its activities.

Explanation.--For the purposes of this section, "public institution" includes any educational institution, library, hospital and charitable dispensary but does not include any such institution set up by any private trust.

Amendment note: The words excluding an institution set up by a private trust were added by Act 57 of 1988, section 12, with effect from 1 December 1988.

Who can invoke Section 22?

A company or other body corporate.
A local authority.
A public institution falling within the provision.

Grounds on which possession may be recovered

Employee has ceased to be in service

Clause (a) applies where residential premises were let to a tenant while the tenant was in the service or employment of the landlord and that service or employment has ceased.

Breach of terms of authorised occupation

Clause (b) applies where the tenant has acted contrary to an express or implied term governing the authorised occupation of the premises.

Unauthorised occupation by another person

Clause (c) addresses occupation of the premises by another person without authority.

Bona fide requirement of a public institution

Clause (d) permits recovery where a public institution bona fide requires the premises for furtherance of its activities. The requirement must be established to the satisfaction of the Controller.

Effect of the non-obstante clause

Section 22 begins its operative part with a non-obstante clause referring to Section 14 and any other law. Within the field covered by Section 22, the special recovery mechanism is therefore intended to operate despite the general protection against eviction contained in Section 14, subject to proof of the requirements of Section 22 itself.

Definition of public institution

For Section 22, the statutory explanation gives an inclusive meaning to "public institution" and specifically mentions an educational institution, library, hospital and charitable dispensary. It also expressly excludes such an institution if it is set up by a private trust.

Official text of the Act

The Delhi Rent Control Act, 1958 is available from India Code, the Government of India legislative database. The official text should be consulted for the Act, amendments and statutory context.

Official Delhi Rent Control Act, 1958 - India Code

Last reviewed: 24 September 2026. This page is for general legal information and should be read with the current statutory text and applicable judicial decisions.