AMMALU Vs. KOTHAMBARI VELLACHI

JUDGEMENT

(1.) This is a petition by the appellant to review the judgment in the second appeal. The second appeal was dismissed on two grounds. One is that the appellant is not entitled to revaluation of the building for which compensation was determined before the decree because of S.5(3) of the Kerala Compensation for Tenants Improvements Act, 1958 (Act 29 of 1958) and the second ground is that the appellant is not entitled to fixity of tenure.

(2.) The ground for the review petition is that the view taken by this Court on the first ground is vitiated by an error apparent on the face of the record. The first ground was disposed of by this Court thus:

(3.) It Is contended by counsel for the petitioner that the impression in the mind of the Court at the time the appeal was disposed of, that the interpretation of S.5(3) of Act 29 of 1958 has been concluded by series of decisions of this Court, is not correct and it will constitute an error apparent on the face of the record.