Balancing Eviction And Tenant Protection: An Analysis Of The Delhi Rent Control Act, 1958
- IJLLR Journal
- 8 minutes ago
- 1 min read
Amal Fatima, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia
Asad Naushad Khan, B.A. LL.B. (Hons.), Faculty of Law, Jamia Millia Islamia
ABSTRACT
The Delhi Rent Control Act, 1958 was enacted with the primary objective to protect tenants from arbitrary eviction while recognising the landlord’s right to recover possession in certain circumstances. This paper analyses how the Act balances these competing interests through an assessment of the statutory grounds of eviction and the safeguards available to tenants. Relying on Section 14, the study discusses key grounds of eviction such as non- payment of rent, sub-letting, misuse of premises, and the bona fide requirement of the landlord. The paper also highlights the crucial role of Section 15, which empowers the Rent Controller to direct tenants to deposit or pay arrears of rent, thereby granting them an opportunity to cure default and avoid eviction. This provision acts as an important protective mechanism against harsh consequences for minor or unintentional lapses. Judicial interpretations by the Supreme Court and the Delhi High Court have reinforced the welfare objective of the Act while preventing misuse of tenant protection. The paper concludes that despite its effectiveness, evolving urban realities necessitate a reassessment to maintain a fair balance between tenant security and landlord rights.
