Judgment

Thomas, J.-When this appeal came up for consideration on 7.4.1995 before R.M. Sahai and N. Venkatachala, 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 Suppl. (2) SCC 5391).

2. 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. 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. Appellant-tenant has, pursuant to the said direction, filed the undertaking that he would vacate the prem­ises within six months.

3. The preliminary objection raised by the learned counsel for the respondent is that the tenant is precluded from approaching this Court under Article 136 of the Constitution of India after giving the af