AIR 1993 SUPREME COURT 352 ::1992 AIR SCW 3337 ::1993 (1) RevLR 1 ::1993 RevLR 1 1 ::(1993) 1 All RentCas 1 ::(1993) CivilCourtC 197 ::1992 (4) SCC 683 ::1993 (1) APLJ 12 ::1993 (1) AndhLT 19 ::1992 HRR 569 ::1993 (1) KLT SN 13 (SC) ::1993 (1) RenCR 156 ::1993 (1) Pun LR 184 ::1992 (2) RentLR 666 ::(1992) 3 SCJ 705 ::(1992) 2 RenCJ 582 ::1992 ( ) JT (Supp) 770

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): K. Jayachandra Reddy, S. C. Agrawal , JJ

Civil P.C. (5 of 1908) , O.6 R.1— Pleadings - Approbate and reprobate- Not permissible- Undertaking by tenant to vacate premises, subject to his right to move to the Supreme Court given in pursuance of order of High Court to avail protection from eviction - Tenant cannot be permitted to assail the said order of High Court under Art. 126-Supreme Court vacated stay of eviction granted earlier. Constitution of India , Art.136— Approbate and reprobate - Not permissible - Principle, is based on doctrine of election. Law does not permit a person to both approbate and reprobate. No party can accept and reject the same instrument and that "a person cannot say at one time that a transaction is valid and thereby obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage." Thus the @page-SC353 tenant having given an undertaking in pursuance to the directions given by the High Court and having availed the protection from eviction on the basis of the said undertaking, cannot be permitted to invoke the jurisdiction of this Court under Art. 136 of the Constitution and assail the said judgment of the High Court . .....