R.N. GOSAIN versus YASHPAL DHIR

R.N. GOSAIN versus YASHPAL DHIR

A tenant who avails protection from eviction by filing an undertaking as per High Court directions cannot challenge the High Court's order in Supreme Court under Article 136; law does not permit approbiation and reprobation, and a qualified undertaking does not diminish its legal effect.

Parties
Petitioner: R.N. Gosain; Respondent: Yashpal Dhir
Jurisdiction
India
Judgment Date
23 October 1992
Procedural Posture
Special Leave Petition (civil) No. 4325 of 1992 / Supreme Court Final Order
Outcome
Petition dismissed
Legal Topics
Eviction of Tenant, Doctrine of Election, Approbiation and Reprobation, Special Leave Petition Procedure, Specified Landlord Determination
Constitutional Law Rent Control Eviction of Tenant Doctrine of Election Approbiation and Reprobation Special Leave Petition Procedure Specified Landlord Determination

Case Brief

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Parties

R.N. Gosain

Petitioner

Yashpal Dhir

Respondent

Procedural Posture

Special Leave Petition (civil) No. 4325 of 1992 / Supreme Court Final Order

Legal Issues

  1. 1 Whether a tenant who undertakes to vacate premises under a High Court order can invoke Supreme Court jurisdiction under Article 136 to challenge the same order
  2. 2 Legal effect of an undertaking qualified by reservation to file SLP

Ratio Decidendi

A tenant who avails protection from eviction by filing an undertaking as per High Court directions cannot challenge the High Court's order in Supreme Court under Article 136; law does not permit approbiation and reprobation, and a qualified undertaking does not diminish its legal effect.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed without costs