LL. B.

V Term
Paper – LB - 5033 - Rent Control and Slum Clearance

Prescribed Legislations:
1. The Delhi Rent Control Act, 1958
2. The Slum Areas (Improvement and Clearance) Act, 1956
3. The Delhi Rent Control Act, 1995
4. The Transfer of Property Act, 1882
5. The Indian Easements Act, 1882

Prescribed Books:
1. G.C. Bharuka (Rev.), Mulla’s The Transfer of Property Act, 1882
(10th ed., 2006)
2. Jaspal Singh, Delhi Rent Control Act (6th ed., 2007)
3. Rameshwar Dial and Adarsh, Law of Rent Control in Delhi
(2nd ed., 2005)

PART - I
General
Lease, License – Meaning; Distinction between Lease and License; Relevance of the
distinction to the provisions of the Delhi Rent Control Act, 1958.
Tenancy by holding over, Notice for termination of tenancy under Transfer of
Property Act, 1882
1. Associated Hotels v. R.N. Kapoor, AIR 1959 SC 1262 1
2. M.N. Clubwala v. Fida Hussain Saheb (1964) 6 SCR 642, 651 7
3. C.M. Beena v. P.N. Ramachandra Rao, AIR 2004 SC 2103 13
4. Bhawanji Lakhamshi v. Himat Lal Jamnadas Dani,
AIR 1972 SC 819 18
5. V. Dhanpal Chettiar v. Yesodai Ammal (1979) 4 SCC 214 24
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PART - II
The Delhi Rent Control Act, 1958

(A) Definitions; Premises exempted from the applicability of Delhi Rent Control Act, 1958;
Meaning and scope of contractual and statutory tenancies
6. Mohan Lal v. Shri Krishan, 1977 (2) RCJ 505
7. Anand Niwas (P) Ltd. v. Anandji Kalyanji Pedhi (1964) 4 SCR 892 36
8. Jagdish Chander Chatterjee v. Kishan (1973) 1 SCR 850
9. Damadi Lal v. Paras Ram, AIR 1976 SC 2229
10. Gian Devi Anand v. Jeevan Kumar, AIR 1985 SC 796 41
11. Atma Ram Properties (P) Ltd. v. Federal Motors (P) Ltd.
(2005) 1 SCC 705 62
12. D.C. Bhatia v. Union of India (1995) 1 SCC 104
13. Atma Ram Properties (P) Ltd. v. P.S. Jain Co. Ltd., 57 (1995) DLT 131 69
14. Sangat Singh v. Chaudhary P.N. Behl, AIR 1970 SC 812

(B) Control of Rent; Meaning, Scope and Applicability of Standard Rent

15. Balbir Singh v. M.C.D., AIR 1985 SC 339

16. Raghunandan Saran Ashok Saran (HUF) v. Union of India
95 (2002) DLT 508 72

PART - III
The Delhi Rent Control Act, 1958
(A) Grounds of eviction
Non - Payment of Rent / Arrears of Rent [Section 14 (1), Proviso, Clause (a)]
17. Santosh Mehta v. Om Prakash (1980) 3 SCC 610
18. Hem Chand v. D.C.M. (1977) 3 SCC 483
19. Ram Murti v. Bholanath, AIR 1984 SC 1392 84
20. Jagannath v. Ram Kishan Das, AIR 1985 SC 265 91
21. Kamla Devi (Smt) v. Vasdev, AIR 1995 SC 985 96
22. Jain Motor Car Co., Delhi v. Swayam Prabha Jain (Smt),
AIR 1996 SC 2951

Sub– letting the rented premises [Section 14 (1), Proviso, Clause (b)]

23. G.K. Bhatnagar v. Abdul Alim (2002) 9 SCC 516 102

24. Mrs. Kapil Bhargava v. Subhash Chand Aggarwal, 93 (2001) DLT 65 105
25. South Asia Industries (P) Ltd. v. Sarup Singh, AIR 1965 SC 1442
Impermissible use of the rented premises [Section 14 (1), Proviso, Clause (c)]

26. Pushpa Devi v. Om Prakash, 1979 Rajdhani LR 441

27. Telu Ram v. Om Parkash Garg, P & H 1971 RCJ 1
28. Santram v. Rajinder Lal, 1979 SC (1) RCJ 13 110

Non – occupation of rented premises by the tenant [Section 14 (1), Proviso, Clause (d)]
29. Baldev Sahai Bagla v. R.C. Bhasin, AIR 1982 SC 1091 113

Bona fide requirement of the rented premises by the landlord [Section 14 (1), Proviso, Clause
(e) read with Section 25-B].
30. Miss S. Sanyal v. Gian Chand, AIR 1968 SC 438 119
31. Precision Steel and Engg. Works v. Prem Deva Niranjan Deva Tayal,
AIR 1982 SC 1518 122
32. V.S. Talwar v. Prem Chandra Sharma, AIR 1984 SC 664 141
33. Ravi Dutt Sharma v. Ratan Lal Bhargava , AIR 1984 SC 967 145
34. Satyawati Sharma v. Union of India, 2008 (6) SCALE 325 150
35. V.K. Bhandari v. Sheikh Mohd. Yahya 158 (2009) DLT 124 166
36. Shri Ramesh Ahuja v. Shri Ram Nath Jain, 158 (2009) DLT 347 170

Tenant building own premises, acquiring vacant possession or allotment of a residence

[Section 14 (1), Proviso, Clause (h) and clause (hh)]

37. Ganpat Ram Sharma v. Gayatri Devi, AIR 1987 SC 2016 173

Use of rented premises in violation of conditions of lease stipulated by D.D.A./ M.C.D.

[Section 14 (1), Proviso, Clause (k)]
38. S. P. Arora v. Ajit Singh, 1970 RCR 628 179
39. Faqir Chand v. Shri Ram Rattan Bhanot, AIR 1973 SC 921 185
40. Dr. K. Madan v. Krishnawati (Smt), AIR 1997 SC 579 190
41. Shri Munshi Ram v. Union of India, AIR 2000 SC 2623 196
42. M/s. Bharat Sales Ltd. v. Smt. Laxmi Devi, AIR 2002 SC 2554

(B) Recovery of possession in case of limited period tenancy [Section 21]

43. Inder Mohan Lal v. Ramesh Khanna, AIR 1987 SC 1986 200
44. Pukhraj Jain v. Padma Kashyap, AIR 1990 SC 77 211
45. Shrisht Dhavan (Smt) v. M/s. Shaw Brothers, AIR 1992 SC 1555 214

(C) Remedy against cutting off or withholding essential supply or service [section 45]
46. Smt. Veera Rai v. S.P. Sachdeva, AIR 1985 Del. 300
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PART – IV
The Slum Areas (Improvement and Clearance ) Act, 1956

Impact of the Act on D.R.C.A.; Proceedings for eviction of tenant and role of Competent
Authority

47. Jyoti Pershad v. The Administrator for the Union Territory of Delhi,
AIR 1961 SC 1602 225
48. C.R. Abrol v. Administrator under the Slum Areas (1970)
RCJ 899 231
49. Lal Chand (Dead) by [Link]. v. Radha Krishan, AIR 1977 SC 789 241
50. Punnu Ram v. Chiranji Lal Gupta (Dead) by [Link].,
AIR 1999 SC 1094 248

IMPORTANT NOTE:
1. The cases/topics mentioned above are not exhaustive. The teachers teaching the course
shall be at liberty to add new cases/topics.
2. The students are required to study the legislations as amended from time to time and
consult the latest editions of books.
3. The question paper shall include one compulsory question. The question papers set for the
examinations held during 2010-11 and 2011-12 are printed below for guidance of the
students.
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LL.B. V Term Examinations, December, 2010

Note: Attempt five questions including Question No. 1 which is compulsory.

All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) Easement is “right in rem” and licence is “right in personam”.
(b) Irrevocability of a licence.
(c) Premises which are exempted from applicability of Delhi Rent Control Act.
(d) Limited period tenancy.
(e) Distinguish between “sublet, assigned and parted with the possession”.
2. (a) Distinguish between lease and license. Why is this distinction important?
(b) Examine whether the following agreement creates a lease or license:
An agreement was entered between hotel X and art of living teacher Mr. Z on
January, 2010, wherein Mr. Z was described as license and Mr. Z was to pay Rs. 9,600 as
 annual license fee of one year for the use of room no. 203 in the hotel for conducting art
of living classes. He was allowed to put his own lock on the door of the room and can
also transfer his licence to any other art of living teachers.
3. “Statutory tenancy is heritable for both residential and commercial premises.” Discus the
same under DRC Act, 1958 in the light of relevant case laws.
4. (a) State the effects of non-compliance of an order passed by the rent controller u/s 15(1)
of DRC Act 1958 in a petition u/s 14(1)(a) of the said act.
(b) Elaborate the circumstances under which the rent controller may give benefit u/s
14(2) of DRC Act, 1958 to the tenant.
5. (a) Distinguish between sections 14(1)(c) and 14(1)(k) of the DRC Act, 1958.
(b) In the year 2001 Ram took a house from DDA on 33 years lease for Rs. One lakh for
residential purposes only and in default of the same the lease would be forfeited and
DDA would be entitled to take back the possession. However, Ram had let out the
house to Shyam in the year 2005 for commercial purposes for Rs. 3000 pm. In the
year 2006 the DDA called upon Ram to stop the misuse of the house and also
threatened forfeiture if he failed to comply with the said demand. Ram accordingly
asked Shyam to stop using the house for commercial purposes but Shyam refused to
do so and thereupon Ram filed an eviction application against Shyam u/s 14(1)(k) of
DRC Act, 1958.
Discuss and decide.
6. (a) “A”, the tenant, has gone to Canada for three years and his brother and sister continue
to live in the tenanted house in Delhi. State whether a petition on behalf of the
landlord u/s 14(1)(d) of the DRC Act, 1958 is maintainable.
(b) Discuss the relevant provisions available (u/s 14-D) to a widow for immediate
possession.
7. “C” had purchased one flat in the year 1989 and had given that flat on lease for 10 years
to “Y” on rent @ Rs. 250 per month for Residential purposes only. “Y” was residing and
enjoying the property without the permission of “C” even after the lapse of lease period.
“C” was a governmental employee and had been living in governmental staff quarters
along with his family. “C: retired in the year 2009 and after the retirement he had to leave
the accommodation provided by the government and was forced to shift himself along
with 4 other family members to a rented accommodation. In 2010 “C” files petition u/s
14(1)(e) read along with Section 25-B of DRC Act.

Discuss the procedure laid down u/s 25-B and also the condition to be fulfilled for
obtaining the order of eviction u/s 14(1)(e) of DRC Act, 1958.
8. Write notes on any two of the following:
(a) Provision relating to unlawful subletting under DRC Act;
(b) Essential supply or service under section 45 DRC Act;
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(c) Relevant considerations for exercise of discretionary power by competent

authority u/s 19 of Slum Area Act, 1956.

LL.B. V Term Supplementary Examinations, June-July, 2011

Note: Attempt five questions including Question No. 1 which is compulsory.

All questions carry equal marks.
1. Attempt briefly any four of the following:
(a) Distinguish the concept of tenancy by holding over statutory tenancy.
(b) Give a list of premises that are exempted from the applicability of Delhi Rent
Control Act, 1958.
(c) Requirement of notice for terminations of tenancy under Delhi Rent Control
Act, 1958.
(d) Proviso (d) to S. 14(1) as a ground of eviction.
(e) Definition of Landlord under Delhi Rent Control Act, 1958.
2. State the law relating to heritability of tenancy in case of the death of the statutory
tenancy in respect of
(a) Residential premises
(b) Commercial premises
Discuss with the help for relevant case law.
3. (a) The premises in dispute where built on lease hold land. One of the terms, of the lease
between the landlord and the government was that the building to be put up on the
eland would be used for the purpose of residential cottage. Landlord let out the same
for running of a boarding and lodging house. The tenant continued this use not
withstanding previous notice. Landlord claimed eviction under proviso (k) to S.
14(1). Will landlord succeed? Decide in the light of relevant case laws.
(b) Write a note on ‘Non Occupancy’ as a ground of eviction.
4. (a) “Plausibility of the defence raised and proof of the same are materially different from
each other and one cannot bring in the concept of proof at the stage when plausibility
has to be shown.” Comment with reference to the special procedure for trial of action
brought under section 14A and 14(1)(e) of Delhi Rent Control Act, 1958.
(b) A let out premises in suit to B for a period of three years by virtue of permission
granted under Section 21 of D.R.C.A. 1958. After the expiry of the said period, A
filed another application seeking permission to create limited tenancy for a period of
2 years in favour of B again, without mentioning the factum of having already created
a limited tenancy in the his favour. B appeared before the Rent controller and made a
statement on oath that he was willing to take the premises on lease for limited
permission is illegal and void since the source was obtained by a by concealment of
material facts. Decide the objections.
5. (a) State the effects of non-compliance of an order passed by the rent controller u/s 15(1)
of DRC Act 1958 in a petition u/s 14(1)(a) of the said act.
(b) Elaborate the circumstances under which the rent controller may give benefit u/s
14(2) of DRC Act, 1958 to the tenant.
5. Answer any two of the following:
(a) Distinguish between subletting, assignment and parting with possession.
(b) Change of uber as a ground. It must be misuse of a nature specififed in 14(5).
Elaborate.
(c) Sections 14(1)(4) & 14(1) (44) of DRCA, 1958.
6. A the owner of a double storey building, lets the same to B at a monthly rent of Rs.
1200/- for use as residence-cum-commercial (office). B uses the ground floor portion for
his office and the first floor portion for residence. After three years A bonafide requires
aleast one floor of the building. A makes an application before the Rent Controller for an
order for recovery of possession of the whole of the house, or in alternative for the first
floor u/s. 14(1)(e) B, the tenant, Contends that the petition shold be dismissed as the
house was let to him for residence-cum-office.
Decide the applications keeping in view the decisions of the Supreme Court in
Satyawati Sharma vs. U.O.I.
7. Explaining the procedure to be followed in order to avail eviction on the ground of ‘Non
payment of rent’ throw light on the following two aspects.
— Contoller’s power to condone default under section 15(7) and
— Circumstances under which a tenant can be said to have claimed the benefit under
section 14(2) DRCA, 1958
8. Section 19(4) mention certain factors which are required to be considered by the
competent authority while granting or effusing to grant the permission asked for. State
those factors and also state whether such permission is necessary if the eviction
proceeding and under section 14(1)(a), 14A-14D of DRCA, 1958.

LL.B. V Term Examination, December, 2011

Note: Attempt any five questions. All questions carry equal marks.

1. Distinguish between Lease and Licence. Why is this distinction important under
D.R.C. Act, 1958?
2. “Statutory tenancy is the posthumous child of the contractual tenancy.” Discuss
elaborating the rights of the legal heirs of both residential and commercial statutory
tenant under D.R.C. Act, 1958.
3. (a) In a proceeding under Section 14(1)a of D.R.C. Act, 1958. The tenant gives the rent
amount, including the arrears to his advocate to deposit in court in compliance with
order of the controller under section 15(1) of the Act. The advocate misappropriates
the amount and does not deposit in the court within the stipulated time. The landlord
 viii

moves for the striking out the tenant’s defence and prays for decree of eviction.
Decide.
(b) Discuss the circumstances under which a tenant can be permitted the benefit of
Section 14(2) in a suit for his eviction under Section 14(1) a of D.R.C. Act, 1958.
4. (a) Critically discuss before and after the Supreme Court’s judgement in
Satyawati Sharma v. Union of India 2008 (6) SCALE 325, the ingredients
required to be established by the landlord in a suit for eviction under Section
14(1) e of D.R.C. Act, 1958.
(b) Requirement of notice under Section 106 of TPA before filing an eviction
application under D.R.C. Act, 1958.
5. A took a shop on rent from B for running a business of general store. Subsequently A,
without the consent of B converted his business to books and stationary shop and also
installed a printing press at the back portion of the shop. Further to finance his
business A, inducted a partner P and executed a partnership deed with him. One of
the clause of this deed clearly stipulated that the possession over the tenanted shop
shall continue with A and on determination of the partnership the possession shall
revert back to A along with no right or interest to P.
B, files a suit of eviction against A under 14(1)b and 14(1)c of D.R.C. Act, 1958.
Will he succeed on either or both these grounds? Decide.
6. With the help of case law discuss the guidelines for Competent Authority (under
Slum Improvement and Clearance Act, 1956) to grant permission for the eviction of a
tenant from a premises situation in Slum Area. Is such permission necessary if the
eviction proceedings are under Sections 14A, 14B, 14C or 14D of the D.R.C. Act,
1958.
7. (a) In a residential premises a tenant is living with his wife, parents, a brother and a
sister. The tenant alongwith his wife goes abroad for two years. Discus whether a suit
of eviction by the landlord under Section 14(1)d of the D.R.C. Act, 1958 is
maintainable.
(b) A let out his house built on lease hold plot from D.D.A. to B who is using the same
for commercial purpose contrary to the terms of lease which is permitted only
residential use. Having received a notice from D.D.A. threatening cancellation of
lease, A files a suit of eviction against B, under 14(1)k of D.R.C. Act, 1958 as B did
not stop commercial use of the house despite notice from A. B resisted the suit on the
ground that A himself has let the house for commercial purchase and hence the suit is
not maintainable. Decide.
8. Write notes on any two of the following:
(i) The special procedure for disposal of applications for eviction under Section
25B of D.R.c. Act, 1958.
(ii) Limited period tenancy under Section 21 of D.R.C.
(iii) Sections 14(1)h and 14(1) hh of D.R.C. Act, 1958.
(iv) Constitutional validity of Sections 4, 6, 6A and 9 of D.R.C. Act, 1958 under
Articles 14, 19(1)g and 21 of the Constitution.
 LL.B. V Term Examination, June-July, 2012

Note: Attempt any five questions. All questions carry equal marks.

1. Write short notes on any two of the following:-

(a) How can tenancy be terminated under Transfer of Property Act?
(b) Limited period tenancy under DRCA, 1958.
(c) Sub-letting as ground for eviction.
2. (a) What is a lease and what can be its duration, how can it be created. Can a lease be
created orally?
(b) Distinguish between lease and licence, why is this distinction important under DRCA
1958? Support your answer with relevant case law.
3. Mere determination of contractual tenancy does not in any way bring any change in
the statue of s tenant. So called ‘statutory tenant’ enjoys the same right as the
contractual tenant. Discuss elaborating the rights of legal heirs of both residential and
commercial statutory tenant under DRCA, 1958.
4. Discuss whether the provisions of Standard Rent under Section 4,5,6, of DRCA, 1958
violates the provisions of Constitution.
5.(a) Landlord filed eviction petition under Section 14(1)a. The Rent controller passed an
order under Section 15(1), which was duly complied with by tenant. Thereupon
landlord’s application was dismissed by controller. Subsequently, on a default for
consecutive period of three months, the landlord files a petition under Section 14(1)a.
He pleads the bar of Sec.14(2) as the controller allows the tenant to deposit rent
Under Section 15(1). Decide.
(b) A suit of eviction is filed by a landlord against a tenant under section 14(1)a. The
Rent controller passes an order under Section 15(1), requiring the tenant to pay the
rent. The tenant pays the rent to the advocate appearing for her but he commits breach
of trust and disappears. The landlord claiming non-compliance of the order under
Section 15(1) asks for eviction of tenant. The tenant on the order hand insists for
condonation of delay. Decide.
6. (a) “In our country blood relations do not evaporate merely because a member of family
leaves his household and goes out for some time.” Analyse the statement in view of
Section 14(1)d of DRCA, 1958.
(b) Discuss the difference in applicability of clause (c) and clause (K) of Section 14(1) of
DRCA, 1958 with the help of decided cases.
7.(a) X, a landlord had given one room of his house on rent where he was staying for
business purpose in 1985. In Jan 2010, X landlord called upon the tenant to vacate the
premises as the same is required for bonafide need of his son who has grown up and
staying with him and wanted to start business in that premises. Discuss and decide.
 x

(b) Discuss the procedure which the rent controller shall follow in passing a decree for
eviction under Section 14(1) C of DRCA, 1958.
8. With the help of decided cases discus the guidelines for competent Authority (Under
Slum Improvement and Clearance Act, 1956) to grant permission for the eviction of a
tenant from a premises situated in slum areas. Is such permission necessary if the
eviction proceedings are under 14(1)C, 14A, 14B, 14C, 14D of DRCA, 1958?
Discuss.

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