BIMAN MAHANTA Vs. CHENEHI SAIKIA

JUDGEMENT

(1.) Heard Mr. R.P. Sarmah, learned senior counsel, assisted by Mr. M.R. Adhikari, learned Counsel, for the review Petitioner. Also heard Dr. Y.K. Phukan, learned senior counsel, assisted by Mrs. S. Bora, learned Counsel, for the Respondents.

(2.) This application has been filed for review/modification of judgment and order dated 29-01-2008 passed in RSA No. 65/ 2000 whereby this Court, without going into the merit of the case, disposed of the said appeal on the basis of submission made by the learned Counsel appearing for the Appellant/present Petitioner to the effect that the Appellant would have no grievance against the impugned judgment and decree dated 19-1 -2000 signed on 25-1 -2000 by the lower Appellate Court in Title Appeal No. 02/1999 except the order for - (i) recovery of Rs. 6,750/- as loss incurred by the Plaintiff for not being able to possess the land during the year of alleged dispossession and, (ii) compensation (usufruct) at the rate of Rs. 4000/-per year from 12-11-1996 till recovery of the suit land subject to payment of requisite court-fees.

(3.) The learned Counsel for the Appellant/ Petitioner, at the time of hearing the above appeal, made a submission that the impugned judgment and decree passed by the lower appellate Court be modified exempting the Appellant from payment of aforesaid recovery of Rs. 6,750/- and compensation (usufruct) at the rate of Rs. 4,000/- per year. Responding to the aforesaid submission, Dr. Phukan, learned senior counsel, who appeared for the Respondents in the said appeal, submitted that he would not claim the compensation of Rs. 4,000/- per year from 12-11-1996 but he would insist upon payment of recovery of Rs. 6,750/-. Consequently, this Court modified the impugned judgment and decree of the lower appellate Court exempting the Appellant/Petitioner from payment of compensation at the rate of Rs. 4,000/- per year.