Delhi High Court: Landlords Can’t Contract Away Their Rights Under Rent-Control Act

The Delhi High Court has ruled that landlords cannot contractually waive their statutory rights under the Delhi Rent Control Act through private agreements with tenants.

Justice Anup Jairam Bhambhani observed that any contract barring a legal remedy is void under Sections 23 and 28 of the Indian Contract Act.

Although the tenants had occupied the premises for 85 years, the court rejected their argument that a prior compromise precluded eviction. The court emphasised that the protective provisions of the Rent Control Act are mandatory and cannot be overridden by private deals

It dismissed the petition and imposed ₹ 50,000 in costs.

[Mohd Yahya & Ors v. Farat Ara & Ors.]