State · Delhi

Section 22 of The delhi rent control act, 1958

Where the landlord in respect of any premises is any company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities, then, notwithstanding anything contained in section 14 or any other law, the Controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Controller is satisfied--

(a)that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or
(b)that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or
(c)that any other person is in unauthorised occupation of such premises; or
(d)that the premises are required bona fide by the public institution for the furtherance of its activities. Explanation.--For the purposes of this section, "public institution" includes any educational institution, library, hospital and charitable dispensary 1[but does not include any such institution set up by any private trust].

Summary

This provision applies only to landlords that are companies, bodies corporate, local authorities, or public institutions.
It allows these specific landlords to recover possession of premises notwithstanding the general protections under Section 14 or any other law.
A public institution can recover possession if the premises are needed to further its activities.
Any of these corporate or institutional landlords can recover possession if the tenant was let the residential premises because of employment and has ceased that employment.
Recovery is also allowed if the tenant violated the terms of occupancy, or if any other person is in unauthorized occupation.
Public institutions do not include any educational institution, library, hospital, or dispensary set up by a private trust.

Practical examples

1Delhi Power Supply Corporation is a body corporate that owns several staff apartments. They let an apartment to Rajesh while he works as an engineer. Rajesh resigns from his job on December 1, 2026, but refuses to vacate the apartment. The corporation applies to the Controller, who orders Rajesh's eviction because his employment has ceased.

2The National Library Association is a public institution (not set up by a private trust) that owns a building. They let a portion of it to Vineet as a residence. The library decides to expand its reading room and needs that portion. They apply to the Controller under Section 22(d). The Controller is satisfied that the space is required bona fide for the library's activities and orders Vineet's eviction.

FAQ

1. What types of entities qualify as landlords under Section 22?

Only a company, other body corporate, local authority, or public institution can apply for recovery of possession under this section.

2. Can a company recover possession of premises under this section if a tenant's guest stays over?

A company can recover possession under clause (c) if there is an unauthorised occupation of the premises, meaning a person is occupying the premises without proper authorization.

Test yourself

Q1.Under Section 22 of The delhi rent control act, 1958, which of the following landlords is NOT eligible to apply for recovery of possession under this special provision?

Q2.Under Section 22 of The delhi rent control act, 1958, on what grounds can an eligible corporate landlord recover possession of residential premises let to a person who was once in its service?

Q3.Under Section 22 of The delhi rent control act, 1958, how does this provision affect the general protection against eviction granted to tenants under Section 14?

Q4.Under Section 22 of The delhi rent control act, 1958, what is required for a public institution to recover possession of premises for its own use?

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