Supreme Court of India · 1998-08-11
P.R. DESHPANDE vs MARUTI BALARAM HAIBATTI
- Citation / case number
- SC 1994/16122
- Court
- Supreme Court of India
- Petitioner
- P.R. DESHPANDE
- Respondent
- MARUTI BALARAM HAIBATTI
- Author
- THOMAS
- Bench
- K.T. THOMAS
Judgment text excerpt
The Supreme Court addressed the maintainability of an appeal under Article 136 of the Constitution concerning a tenant's eviction under Section 50 of the Karnataka Rent Control Act, 1961. The Court held that a tenant who provided an undertaking to vacate the premises is precluded from challenging the High Court's order, as established in R. N. Gosain v. Yashpal Dhir (1992) and supported by prior decisions. Consequently, the appeal was dismissed, affirming the principle that one cannot approbate and reprobate regarding the same legal instrument.