SNEHA ENTERPRISES Vs. RAMKUMAR MARDA AND OTHERS

JUDGEMENT

(1.) THIS review petition is filed on twin grounds, firstly, that a sketch describing the same as proposed plan was produced and marked as Ex.P - 15 before the trial Court and whereas this Court had taken that the rough sketch at Page -50 (not at page -30 as contended in the Review Petition herein) of the paper book was a hand sketch one produced before the trial Court at the time of argument of the case, and secondly, on the ground that this Court had observed at Pages -54 and 67 in the Order herein sought for to be reviewed, that in the absence of the evidence with regard to the dimensional need vis -a -vis the size or volume of the business in bakery business and further more in the absence of the Project Report outlining the total investment in the business by the landlord -firm, it could not be said that partial eviction of the tenant at Shop No. 5 is in any way erroneous, when PW1 - Petitioner herein in his evidence, in fact, had stated that for starting the business he required Rs. 2 lakhs and he has got the funds.

(2.) IN consideration of the Review petition filed by the Petitioner, I should state that, Ex.P - 15, the proposed plan was not adverted to during the course of the arguments and further more when the paper book filed in the case the sketch placed at Page -50 thereof had not been shown as Ex.P - 15 and further that in the index to the paper book at Sl. No. 3 thereof, it has been described as 'sketch proposed plan'.

(3.) LET apart, in the evidence of the Petitioner examined as PW1 in the trial Court though claimed Ex.P - 15 to be the sketch of the proposed plan, admittedly stated that the same was prepared by his Vendors and that he was not knowing the Engineers who had prepared the same.