(1.) This appeal, by special leave, is at the instance of the original plaintiff (landlord) of an eviction petition filed under the provisions of the Delhi Rent Control Act, 1958 (for short, 'the Act 1958') and is directed against the judgment and decree passed by the High Court of Delhi dtd. 4/5/2010 in the Civil Revision Petition No. 1332 of 2002 by which the High Court allowed the revision petition filed by the defendant (tenant) thereby rejecting the plaint under the provisions of Order 7 Rule 11 of the Code of Civil Procedure (CPC) on the ground that the eviction petition was barred by the principles of res judicata.
(2.) The facts giving rise to this appeal may be summaried as under.
(3.) It is the case of the appellants that the respondents herein were inducted as tenants on 27/12/1987 by the father of the appellants in respect of the property bearing House No. 163 (Old No. 143) situated at Village Dhakka, Kingsway Camp, Delhi on monthly rent of Rs.1050.00 excluding the electricity, water and house tax. According to the appellants, the tenancy was for residential purpose. It is also their case that the rent was duly paid till February, 1993.
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