Section 21 of Delhi Rent Control Act - Recovery of Possession for Limited Period Tenancies

Section 21 of the Delhi Rent Control Act, 1958 creates a special procedure for a residential tenancy granted for a limited period with prior permission of the Rent Controller. When the agreed period expires and the tenant does not vacate, the landlord may seek recovery of vacant possession in accordance with the section and the prescribed procedure.

Updated: 24 September 2026

Official law source: The Delhi Rent Control Act, 1958 is Central Act No. 59 of 1958. For the authoritative consolidated text, amendments and statutory notes, refer to the official India Code version linked in the resources on this page.

What Section 21 provides

The provision applies where a landlord does not require the whole or part of a premises for a particular period and, after obtaining permission of the Controller in the prescribed manner, lets it as a residence for an agreed limited period recorded in writing. If the tenant remains in possession after that period, Section 21 enables the Controller, on the landlord's application made within the prescribed time, to place the landlord in vacant possession by evicting the tenant and other occupants covered by the provision.

Statutory text of Section 21

21. Recovery of possession in case of tenancies for limited period.

(1) Where a landlord does not require the whole or any part of any premises for a particular period, and the landlord, after obtaining the permission of the Controller in the prescribed manner, lets the whole of the premises or part thereof as a residence for such period as may be agreed to in writing between the landlord and the tenant and the tenant does not on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 14 or in any other law, the Controller may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises.

(2) While making an order under sub-section (1), the Controller may award to the landlord such damages for the use or occupation of the premises at such rates as he considers proper in the circumstances of the case for the period from the date of such order till the date of actual vacation by the tenant.

Essential requirements of a limited-period tenancy

The landlord must not require the whole or relevant part of the premises for a particular period.
The letting contemplated by Section 21 is for use as a residence.
Permission of the Controller must be obtained in the prescribed manner before the limited-period letting.
The period of tenancy must be agreed in writing between landlord and tenant.
On expiry of the agreed period, failure to vacate can lead to an application for recovery of possession under Section 21.
The landlord's application must be made within the time prescribed under the applicable rules.

Meaning of important terms

Landlord

Section 2(e) of the Act broadly defines a landlord as a person who is receiving or is entitled to receive rent, whether on his or her own account or on behalf of, or for the benefit of, another person, and includes a person who would be entitled to receive rent if the premises were let to a tenant.

Premises

Section 2(i) defines premises broadly as a building or part of a building which is, or is intended to be, let separately for residence, commercial use or another purpose, together with the statutory inclusions and exclusions. Section 21, however, specifically refers to a limited-period letting of the relevant premises or part as a residence.

Controller

Under Section 2(b), Controller means a Controller appointed under Section 35(1) and includes an Additional Controller appointed under Section 35(2).

Effect of the non-obstante clause

Section 21(1) states that the special recovery mechanism operates notwithstanding Section 14 or any other law. Its operation nevertheless depends on satisfying the conditions built into Section 21 itself, including prior Controller permission, a written limited period and compliance with the prescribed procedure.

Damages after an order for possession

Sub-section (2) authorises the Controller, while making an order under sub-section (1), to award damages for use or occupation at a rate considered proper in the circumstances. The statutory period for such damages runs from the date of the order until the tenant actually vacates.

Amendment note

Section 21 was renumbered as sub-section (1), and sub-section (2) was inserted, by Section 11 of the Delhi Rent Control (Amendment) Act, 1988 (Act 57 of 1988), with effect from 1 December 1988.

Practical legal point

A tenancy described privately as a "limited period tenancy" should not automatically be treated as a Section 21 tenancy. The statutory mechanism is tied to the conditions specified in Section 21, particularly prior permission of the Controller and the written agreement for the limited residential period. Parties should check the Act, the applicable rules and the relevant order or permission in the particular case.