ZACHARA JOHN Vs. KURIVILA PAPPEN

JUDGEMENT

(1.) Review petitioner is the appellant in R.S.A. No. 1019/2004 on the files of this Court. The judgment, which is sought to be reviewed, is the judgment, whereby this Court confirmed the concurrent findings of the courts below. This review petition has been filed mainly on the ground that actually 7.65 cents of property has been acquired for KIP canal; but, the survey commissioner stated that 8.6 cents of land had been acquired for KIP canal. That apart, Ext.C4 plan was passed without perusing the KIP land acquisition details. But, this Court has failed to consider the said discrepancy, in its correct perspective, while passing the impugned judgment.

(2.) By the impugned judgment dated 16.2.2017, substantial injustice has been caused to the petitioner by way of reduction of 1.3 cents of land. The same occurred due to the fact that the measurement in the commission report has not been considered by this court. The land acquisition details, with regard to the petition schedule property, were available before the lower court. Therefore, this court ought to have found that according to the land records, 7.6 cents of property only was acquired for KIP canal.

(3.) Heard the learned counsel for the review petitioner and the learned counsel for the respondent.