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Issues: Whether the petitioner, after obtaining time to vacate the premises by furnishing an undertaking to the High Court, was precluded from challenging the eviction order under Article 136 of the Constitution of India.
Analysis: The petitioner had been granted a month's time to vacate only on the conditions that arrears of rent were paid and an undertaking was filed to hand over vacant possession on expiry of that period. He first sought extension without furnishing the undertaking, but that request was rejected. He then chose to file the undertaking and thereby obtained the benefit of continued occupation. The qualification added in the undertaking, reserving the right to file a special leave petition, did not alter the legal effect of having accepted the benefit of the court's order. A party cannot accept a benefit under an order and later challenge the very order from which that benefit was derived.
Conclusion: The petitioner was barred from invoking Article 136 against the eviction order after having availed the benefit of the High Court's direction by furnishing the undertaking.
Ratio Decidendi: A party who obtains a benefit under a judicial order by furnishing an undertaking required for that benefit is estopped from challenging the same order, as the doctrine of election forbids approbation and reprobation.
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