Joseph Vithayathil, J.

1. The defendants are the appellants. The appeal is from the decision of M.S. Menon, J., in Second Appeal No. 953 of 1952 of this Court and was filed with leave granted by him. The Division Bench before which the appeal came up for hearing referred it to a Full Bench by the following Order of Reference:-

"The questions of law raised in this appeal are of great importance and far-reaching consequences. The decree that is sought to be enforced against the appellants is based on a compromise entered into between the defendants and the plaintiffs in O.S. No. 191 of 1123 on the file of the District Munsiff's Court at Kottayam. In execution the defendants claimed the benefits of the Travancore-Cochin Buildings (Lease and Rent Control) Order, 1950. The decree-holders maintained that the undertakings embodied in the compromise petition amount to a waiver by these tenants of the benefits which they could have availed of under the Rent Control Order and that, therefore, they cannot now invoke the aid of that Order. This contention was upheld in the decision appealed against and in doing so the decision of this Court in I.L.R. 1953 Travancore-Cochin 30 was followe