Section 55 of Delhi Rent Control Act 1958 - Special Provision Regarding Certain Decrees

Section 55 of the Delhi Rent Control Act, 1958 is a transitional protection provision dealing with certain decrees or orders for recovery of possession that were affected by the Delhi Tenants (Temporary Protection) Act, 1956. It gives the executing court power, in the circumstances stated in the section, to reopen the case and grant appropriate relief.

Section 55 - Statutory Text

Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956), applies is sought to be executed on the cesser of operation of that Act in relation to those premises, the court executing the decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that the decree or order could not have been passed if this Act had been in force on the date of the decree or order, the court may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as it thinks fit.

Meaning and Scope of Section 55

The provision is directed at a limited class of possession decrees or orders. It operates where the premises were covered by the Delhi Tenants (Temporary Protection) Act, 1956 and execution is sought after that temporary enactment ceased to operate in relation to the premises.

The expression "court executing the decree or order" refers to the court dealing with execution of the possession decree or order. Section 55 expressly authorises that court to reopen the case either on an application by the person against whom the decree or order was passed or otherwise.

Conditions for Exercise of Power

There must be a decree or order for recovery of possession of premises.
The premises must be of the kind to which the Delhi Tenants (Temporary Protection) Act, 1956 applied.
Execution must be sought on cessation of the operation of that temporary Act in relation to the premises.
The executing court must be satisfied that the decree or order could not have been passed if the Delhi Rent Control Act, 1958 had been in force on the date of that decree or order.

Power of the Executing Court

Once the statutory conditions are satisfied, Section 55 permits the court to have regard to the provisions of the Delhi Rent Control Act, 1958 and to set aside the decree or order. The court may also pass another order concerning the decree or order as it considers appropriate under the section.

Important: Section 55 is not a general power to reopen every eviction or possession decree. Its operation depends on the specific historical and statutory conditions stated in the section.

Delhi Rent Control Act, 1958

The Delhi Rent Control Act, 1958 is Act No. 59 of 1958. It was enacted to provide for control of rents and evictions, regulation of rates of hotels and lodging houses, and the lease of vacant premises to Government in specified areas of the Union Territory of Delhi. Section 55 forms part of the Act's transitional and miscellaneous framework.

Official Legal Source

For verification of the current central statutory text, readers should consult the official India Code version of the Delhi Rent Control Act, 1958.

Official India Code - Delhi Rent Control Act, 1958

Related Provisions

Section 55 should be read in its statutory context with the provisions immediately preceding and following it, including Section 54 concerning saving of operation of certain enactments, Section 56 concerning the power to make rules, and Section 57 concerning repeal and savings.

This page provides general legal information and reproduces the statutory provision for reference. For a dispute involving execution of a decree or an individual tenancy, the applicable facts, notifications, territorial coverage and subsequent judicial decisions may require separate examination.