The preliminary objection raised by the learned companynsel for the respondent is that the tenant is precluded from approaching this Court under Article 136 of the Constitution of India after giving the aforesaid undertaking before the High Court.
In support of the said objection learned companynsel cited the decision of a two Judge Bench of this Court K. Jayachandra Reddy and S. C. Agrawal, JJ in R. N. Gosain v. Yashpal Dhir 1992 4 SCC 683 wherein it was held as follows By furnishing the said undertaking the petitioner elected to avail the protection from eviction from the premises and he enjoyed the said protection till the passing of the order by the Supreme Court on March 26, 1992, staying dispossession of the Petitioner.
In this case the appellant filed revision petition on 20.4.1991.
This appeal by special leave is against the order of the High Court of Karnataka dismissing a revision petition filed by the appellant tenant under Section 50 of the karnataka Rent Control Act, 1961 for short the Act challenging an order of eviction passed against the appellant.
THOMAS, J. When this appeal came up for companysideration on 7 4 1995 before R. M. Sahai and N. Venaktachala, JJ, learned Judges ordered this to be listed before a larger Bench, in view of the preliminary objections raised by the landlord respondent regarding maintainability of the appeal the reference order is reported in 1995 Supple, 2 SCC 539 .
Appellant tenant has pursuant to the said direction, filed the undertaking that he would vacate the premises within six months.
While dismissing the revision petition on 25 7 1994, learned Judge of the High Court granted six months time to appellant tenant for vacating the premises in question and directed him to file an undertaking within 4 weeks.
