Section 50 of Delhi Rent Control Act, 1958 - Jurisdiction of Civil Courts Barred in Certain Matters

Section 50 of the Delhi Rent Control Act, 1958 limits the jurisdiction of civil courts in matters that the Act assigns to the Rent Controller. The provision principally covers standard rent, eviction of tenants and other matters that the Controller is empowered to decide. It also preserves civil court jurisdiction over specified questions of title and entitlement to receive rent.

In brief: where a dispute falls within a matter that the Delhi Rent Control Act empowers the Controller to decide, Section 50(1) bars a civil court from entertaining that suit or proceeding, subject to the express provisions and exceptions contained in the Act.

Meaning and scope of Section 50

The jurisdictional bar in Section 50 is tied to the subject matter of the dispute. It applies to proceedings concerning fixation of standard rent, eviction of a tenant from premises to which the Act applies, and other matters entrusted by or under the Act to the Controller. Section 50 also restricts civil courts and other authorities from granting an injunction against action taken or proposed by the Controller under the Act.

The bar is not unlimited. Sub-section (4) expressly preserves the jurisdiction of a civil court to decide a question of title to premises governed by the Act and a question concerning the person or persons entitled to receive rent.

Important expressions

Controller

Under Section 2(b) of the Delhi Rent Control Act, "Controller" means a Controller appointed under Section 35(1) and includes an Additional Controller appointed under Section 35(2).

Premises

Section 2(i) defines "premises" for the purposes of the Act. In substance, the expression covers a building or part of a building let, or intended to be let separately, for residence, commercial use or another purpose, together with the statutory inclusions and exclusions stated in that definition.

Section 50 - statutory text

(1) Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceeding in so far as it relates to the fixation of standard rent in relation to any premises to which this Act applies or to eviction of any tenant therefrom or to any other matter which the Controller is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Controller under this Act shall be granted by any civil court or other authority.

(2) If, immediately before the commencement of this Act, there is any suit or proceeding pending in any civil court for the eviction of any tenant from any premises to which this Act applies and the construction of which has been completed after the 1st day of June, 1951, but before the 9th day of June, 1955, such suit or proceeding shall, on such commencement, abate.

(3) If, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th day of August, 1958, from any premises to which this Act applies and the construction of which has been completed after the 1st day of June, 1951, but before the 9th day of June, 1955, then, notwithstanding anything contained in any other law, the Controller may, on an application made to him in this behalf by such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the Controller thinks fit.

(4) Nothing in sub-section (1) shall be construed as preventing a civil court from entertaining any suit or proceeding for the decision of any question of title to any premises to which this Act applies or any question as to the person or persons who are entitled to receive the rent of such premises.

What Section 50 does

Sub-sections (2) and (3): transitional protection

Sub-sections (2) and (3) deal with a specific historical category of premises whose construction was completed after 1 June 1951 but before 9 June 1955. Sub-section (2) provided for abatement of specified eviction proceedings pending when the Act commenced. Sub-section (3) empowered the Controller, subject to its stated conditions and six-month application period, to order restoration of possession or compensation in certain cases of eviction after 16 August 1958.

Practical effect of the civil court jurisdiction bar

Before deciding the proper forum, the substance of the relief claimed should be examined. The central question under Section 50(1) is whether the matter is one that the Controller is empowered by or under the Delhi Rent Control Act to decide. If the dispute instead requires adjudication of title to the premises or determination of who is entitled to receive rent, Section 50(4) expressly states that the civil court is not prevented from entertaining the proceeding.

Official text and legal reference

The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958, enacted on 31 December 1958. For authoritative statutory text and amendment history, consult the official India Code version of the Act.

Last reviewed: 24 September 2026. Statutory wording should be read with applicable amendments, notifications and binding judicial decisions relevant to the facts of a particular case.