MOHD YAHYA Vs. FARAT ARA

JUDGEMENT

(1.) By way of the present review petition filed under Sec. 114 read with Order XLVII Rule 1 of the Code of Civil Procedure 1908 ("CPC"), the petitioners seek review of order dtd. 5/8/2025 passed by this court in RC. REV. 120/2019.

(2.) Vide order dtd. 5/8/2025, this court had disposed-of the revision petition, upholding impugned order dtd. 28/8/2018 passed by the learned CCJ-cum-ARC, Pilot Court, Central District, Tis Hazari Courts, Delhi in eviction petition bearing E. No.11/2018, with the following observations:

(3.) Mr. Trilok Nath Saxena learned counsel for the petitioners submits, that this court has not dealt with the findings of the learned Rent Controller on the touchstone of the decision of the Supreme Court in Lachoo Mal vs. Radhey Shyam (1971) 1 SCC 619 , arguing, that by way of a compromise arrived-at between the parties in an earlier eviction petition bearing No. E-190/2008 before the learned Rent Controller, Delhi, vid ((THELAW)) compromise application dtd. 28/8/2008, signed by the predecessors-in-interest of the respondents, they had agreed that they will not file any petition under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 ("DRC Act") against the petitioners. The compromise application contained the compromise terms and was exhibited in those proceedings. This compromise, it is submitted, unequivocally amounts to waiver by the landlords of the rights conferred upon them by the DRC Act. The petitioners submit, that the learned Rent Controller as well as this court, have erred in omitting to appreciate the binding nature of the compromise. It is argued that vid ((THELAW)) the said compromise dtd. 28/8/2008, in consideration of raising the rent from Rs.38.00 per month to Rs.1800.00 per month, the then landlords, who were the predecessors of the eviction petitioners, had agreed not to file any petition on the ground of Sec. 14(1)(e) of the DRC Act against the tenants viz., Mohd. Yahya, Mohd. Ishaque and Mohd. Akhtar; and had thereby given-up one of the several privileges given to a landlord under the DRC Act. It is further submitted, that thereafter, the landlords enjoyed the fruits of the compromise; and just before the filling of the present petition the rate of rent was Rs.2178.00per month.