R. C. Lahoti, J. - (1.) The suit property consists of a piece of land measuring 11.37 acres comprising in Survey No. 392 and the structure standing thereon known, as Bungalow No. 39 in Sagar Cantonment area. A suit for declaration of title filed by the review-petitioner was directed to be decreed by the trial Court and the decree was upheld by the High Court in First Appeal. The Chief Executive Officer of Cantonment Board, Sagar preferred an appeal by special leave which was allowed by this Court and the suit filed by the review-petitioner was directed to be dismissed. A perusal of the judgment under review reveals that in forming opinion against the review-petitioner in the matter of title over the land in suit, this Court placed reliance on Order No. 179 of 1836 of the Governor General in Council whereunder the land forming part of the suit property is known as one held under old grant. This Court also noted with approval the view of the law taken in Shri Raj Singh vs. The Union of India and others, AIR 1973 Delhi 169, as regards the properties in British Cantonment areas. The judgment sought to be reviewed is reported as (1999) 3 SCC 555.
(2.) In the review petition filed by the review-petitioner, one of the pleas raised is that Order No. 179 of 1836 has stood repealed and, therefore, the judgment of this Court based on the said order was vitiated by an error of law apparent on the face of the record. It is mainly this plea which persuaded the Court to issue notice in review petition. The non-petitioners herein have disputed the availability of any merit in any of the pleas raised by the writ-petitioner and have submitted that no case for review was made out.
(3.) We have heard the learned counsel for the parties at length and we are satisfied that the judgment under review does not suffer from any such infirmity as to call for recalling of the judgment in exercise of review jurisdiction of this Court.;