OM PRAKASH JAISWAL Vs. M.P.L.L. ADARSH INTER COLLEGE THROUGH MANAGER AND OTHERS
LAWS(ALL)-2012-8-267
HIGH COURT OF ALLAHABAD (AT: LUCKNOW)
Decided on August 24,2012

OM PRAKASH JAISWAL Appellant
VERSUS
M.P.L.L. Adarsh Inter College Through Manager Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the parties and have gone through the records. Through this review petition, the petitioner/tenant has sought review of the judgment and order dated 27.4.2006, by which the petition was dismissed with costs and following order was incorporated: Since the litigation has remained pending for about six years and during this period, the petitioner-tenant has been enjoying the benefit of the premises in question situate in the heart of the city of Faizabad for a meagre sum of Rs. 125/- per month as rent, it would be appropriate and in the interest of justice that the judgment and decree passed by the Judge, Small Causes Court Faizabad on 1.12.2003 be implemented forthwith. I, therefore, direct that the peaceful possession of the premises in question shall be handed over by the petitioner to the landlord institution, respondent No. 1 within one month from today.
(2.) The tenant/petitioner has sought review for judgment passed by this Court on the ground that the judgment is erroneous and the error is apparent on the face of the record. It has further been mentioned that this Court has committed a manifest error, by passing the order, under review dated 27.4.2006, without proper appreciation of the fact that the suit for recovery of rent and eviction could not have been filed by the institution and some acceptances of rent for the property in question, does not ipso facto, confer ownership rights or title to the institution, in respect of the property in question.
(3.) Repeatedly, the applicant has taken grounds that this Court has considered manifest error and totally failed to consider the case.;


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