Section 34 of Delhi Rent Control Act 1958 - Recovery of Possession by Hotel Manager or Lodging House Owner
Section 34 of the Delhi Rent Control Act, 1958 creates a special procedure under which the manager of a hotel or the owner of a lodging house may recover possession of accommodation provided to a lodger after obtaining the prescribed certificate from the Controller.
Text and grounds under Section 34
Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house is entitled to recover possession of accommodation provided by him to a lodger on obtaining a certificate from the Controller certifying a statutory ground.
(a) Nuisance or annoyance: The lodger has been guilty of conduct amounting to nuisance or causing annoyance to an adjoining or neighbouring lodger.
Explanation to clause (a): The enacted text refers to the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Act 104 of 1956). That Central Act was subsequently renamed the Immoral Traffic (Prevention) Act, 1956.
(b) Bona fide requirement: The accommodation is reasonably and bona fide required by the owner of the hotel or lodging house for his own occupation, for the occupation of a person for whose benefit it is held, or for another cause considered satisfactory by the Controller.
(c) Expiry of agreement: The lodger has failed to vacate the accommodation after termination of the period of the agreement relating to it.
(d) Inconsistent or prejudicial use: The lodger has done an act inconsistent with the purpose for which the accommodation was given or an act likely adversely or substantially to affect the owner's interest in it.
(e) Non-payment of rent: The lodger has failed to pay rent due from him.
Meaning and scope of Section 34
The provision concerns accommodation supplied to a lodger in a hotel or lodging house. It is therefore distinct from the ordinary landlord-tenant eviction provisions of the Act. The statutory mechanism requires the hotel manager or lodging house owner to approach the Controller and obtain a certificate before relying on Section 34 to recover possession.
The grounds cover misconduct affecting other lodgers, genuine requirement of the accommodation, expiry of the agreed period of occupation, misuse or conduct prejudicial to the owner's interest, and non-payment of rent. The Controller must be satisfied that the relevant statutory condition exists before issuing the certificate.
What is the Controller?
For purposes of the Delhi Rent Control Act, proceedings are dealt with by the statutory Rent Controller or other authority appointed under the Act. Section 34 specifically makes the Controller's certificate part of the recovery mechanism. Related provisions concerning appointment, powers and procedure of Controllers appear in Section 35, Section 36 and Section 37.
Current legal reference to the 1956 immoral traffic law
The original wording of the explanation to Section 34 uses the former title "Suppression of Immoral Traffic in Women and Girls Act, 1956." The 1956 legislation was renamed the "Immoral Traffic (Prevention) Act, 1956" by the 1986 amendment. The historical wording of Section 34 should therefore be read with that legislative change in mind.
Official text of the Delhi Rent Control Act
The Delhi Rent Control Act, 1958 is Act No. 59 of 1958. For the official consolidated statutory material, see the Delhi Rent Control Act, 1958 on India Code.