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august 1998

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.

P.R. DESHPANDE vs MARUTI BALARAM HAIBATTI · Niyam