SHAIKH SADIKMIYA HASAMMIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE Misc. Civil Applications for review of common judgment and order passed in the First Appeals are preferred making following main prayers :-

(2.) THE applications are preferred on the ground that a mathematical error has crept into the judgment in the appeals. According to the applicants, it is an error apparent on the face of the record of the judgment and, therefore, may be rectified by allowing these applications. It is the case in these applications that the Court while coming to the conclusion observed : ". . . if Survey No. 164/3 admeasuring 0 Are 30 Gunthas had been sold at the rate of Rs. 30,000/- per Vigha then the price would come to Rs. 10 per sq. mt. According to the applicants, actually, the price per square metre should come to Rs. 18. 75, as one Vigha comprises of 16 Gunthas or 16 Are and, if amount of Rs. 30,000/- is divided accordingly, then the price per Are would come to Rs. 1875/- and one Are comprises of 100 sq. metres and, therefore, the price per sq. metre would come to Rs. 18. 75 and, therefore, after deducting the compensation awarded by the Special Land Acquisition Officer of Rs. 4 per sq. metre, the claimants would be entitled to additional compensation of Rs. 14. 75 per sq. metre for Bagayat land and Rs. 11. 75 per sq. metre for Jirayat land.

(3.) IT would be appropriate to place on record that a further affidavit came to be filed by the applicant in in Misc. Civil Application No. 595 of 2007, where several additional grounds are also raised for reviewing the judgment relating to appreciation of evidence of Jagmal Arjan (Exhibit 84) and Pitha Mesur (Exhibit 85) and relevant documents.