DAYAWANT SINGH Vs. RAM MURTI AGGARWAL AND ORS.

JUDGEMENT

(1.) This review petition is directed against the judgment dtd. 2/5/11/2018 passed in Civil Revision No. 83 of 2010, whereby the petition has been disposed of with the following observations:

(2.) Now, the respondent-landlord has filed this review petition for review of the judgment ibid on the grounds inter-alia that while deciding the review petition and giving findings on the issue of demolition/re-construction of common wall, this Court has relied upon the judgment dtd. 26/7/2018 (wrongly mentioned as 5/11/2018), which law allegedly has become res-integra on the basis of the judgment delivered by the Hon'ble Apex Court in 2002 Jagat Pal Dhawan V. Kahan Singh 2002 (2) RCR 613 and Inder Pal Thakur V. Hukam Chand and others 1997 SLC(3).

(3.) In the considered opinion of this Court, the ground as taken by the review-petitioner for review of the aforesaid judgment is not tenable for the reason that neither there is any mistake apparent on the face of the record nor the same disclose sufficient reason so as to take in its sweep, a ground analogous to those specified in the statutory provisions. There is no material error, manifest on the face of the order, undermining its soundness or resulting into miscarriage of justice. Review is not an appeal in disguise entitling the party to be reheard, simply because the party wants a decision to be otherwise. The law laid down by the Apex Court in Jagat Paul Dhawan and Inder Pal Thakur's cases supra is not at all attracted in the given facts and circumstances of the case, where the question is not that of the consent of owners of the adjoining buildings and rather co-owners in the same building which has been sought to be demolished for re-building and construction. Besides, a portion of the building is occupied even by the tenants also. The review petitioner has failed to satisfy as to how a building having internally common walls providing support to the structures within it can be demolished without causing harm or damage thereto.