Section 28 of Delhi Rent Control Act, 1958 - Time Limit for Making Deposit
Section 28 governs when a rent deposit made under Section 27 is legally valid, the consequence of wilfully false particulars in the tenant's deposit application, and when a valid deposit is treated as payment of rent to the landlord.
- A deposit under Section 27 must be made within 21 days of the time referred to in Section 26 for payment of rent.
- A deposit is not valid if the tenant wilfully makes a false statement in the application for deposit, subject to the statutory exception where the landlord has already withdrawn the deposited amount before filing an application for recovery of possession.
- A deposit satisfying the statutory conditions constitutes payment of rent to the landlord as if the amount had been validly tendered.
Text and meaning of Section 28
Section 28(1): No rent deposited under Section 27 is treated as validly deposited unless it is deposited within 21 days of the time referred to in Section 26 for payment of rent.
Section 28(2): A deposit is not treated as valid if the tenant wilfully makes a false statement in the application for depositing rent. The provision contains an exception where the landlord has withdrawn the deposited amount before the date on which an application for recovery of possession is filed against the tenant.
Section 28(3): Where the rent is deposited within the prescribed time and the deposit does not become invalid under sub-section (2), it constitutes payment of rent to the landlord as though the amount had been validly tendered.
How Section 28 works with Sections 26 and 27
Section 28 is part of Chapter IV of the Delhi Rent Control Act dealing with deposit of rent. It must therefore be read together with Section 26 and Section 27.
| Provision | Purpose |
|---|---|
| Section 26 | Deals with the time for payment of rent and the tenant's entitlement to a receipt. In the absence of a contractual time, rent is payable by the fifteenth day of the following month. |
| Section 27 | Provides the statutory mechanism for deposit of rent in circumstances specified by that section, including refusal by the landlord to accept rent or uncertainty as to the person entitled to receive it. |
| Section 28 | Prescribes the 21-day validity requirement, addresses wilfully false statements in the deposit application, and states the legal effect of a valid deposit. |
Twenty-one day time limit
The 21-day period in Section 28(1) is linked to the time for payment referred to in Section 26. Therefore, a tenant relying on the statutory deposit mechanism should consider both the contractual due date, where one exists, and the statutory rule in Section 26. A deposit outside the period prescribed by Section 28(1) is not a valid deposit under Section 27.
Wilfully false particulars in the deposit application
Sub-section (2) concerns a wilfully false statement. The statutory wording therefore focuses on a deliberate false statement rather than merely describing every mistake or inaccuracy as automatically fatal. The legal consequence specified by the provision is that the deposit is not considered valid, subject to the exception expressly stated in the sub-section.
Effect of a valid deposit
Section 28(3) gives a compliant deposit its legal effect. If the deposit is timely and is not invalidated under sub-section (2), the deposited amount constitutes payment of rent to the landlord as if it had been validly tendered. This provision is important because it connects compliance with the deposit procedure to the tenant's obligation to pay rent.
Official statutory source
The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958. For the authoritative statutory text and amendments, refer to the official India Code copy of the Act.