ISHWAR DUTT Vs. GYAN CHAND

JUDGEMENT

(1.) This review petition has been preferred before this Court under Sections 114 and 151, C. P. C. against the order D/- 6-5-1996, passed by this Court in S. B. Civil Revision Petition No. 49/96.

(2.) The grievance of the petitioner in short is that the petitioner is the owner of the disputed premises in question and has been in its possession since the year 1943. Earlier the father of the petitioner was the absolute owner and after his demise the petitioner is in possession of the property as absolute owner. The property is being used for the residence of the petitioner for the past 50 years.

(3.) It has further been contended that in the year 1992 due to heavy and constant rains, the backside wall (North side) (As marked in Commissioner's report D/- 11-9-94) collapsed suddenly with the result that the house became unsafe for dwelling. As a result of the fall of the back wall (North side), the kitchen of the petitioner as well as the W. C. and living room were substantially damaged.