[Cites 4, Cited by 0]
Gauhati High Court
On The Death Of Chandra Baran Ghosh vs Smti. Shibani Dasgupta And 3 Ors on 22 May, 2026
Page No.# 1/8
GAHC010038662026
2026:GAU-AS:7100
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./45/2026
ON THE DEATH OF CHANDRA BARAN GHOSH, HIS LEGAL HEIRS
NAMELY
1.1: SMTI ANIMA GHOSH
W/O LATE CHANDRA BARNA GHOSH
R/O WARD NO. IX
HAILAKANDI TOWN
BATA POINT
HAILAKANDI
ASSAM
1.2: JAHAR GHOSH
S/O LATE CHANDRA BARNA GHOSH
R/O WARD NO. IX
HAILAKANDI TOWN
BATA POINT
HAILAKANDI
ASSAM
1.3: RAJAT GHOSH
S/O LATE CHANDRA BARNA GHOSH
R/O WARD NO. IX
HAILAKANDI TOWN
BATA POINT
HAILAKANDI
ASSAM
1.4: SMTI MILI PAUL PURKAYASTHA
D/O LATE CHANDRA BARAN GHOSH
C/O SHRI SUBRATA PAUL PURKAYASTHA
R/O SASAN ROAD
SILCHAR
ASSA
Page No.# 2/8
VERSUS
SMTI. SHIBANI DASGUPTA AND 3 ORS.
W/O SHRI BIDHAN DASGUPTA, C/O RAJA DAS, ASHAR NEER, 36, SEBADAL
ROAD, PURBA PARA, P.O.- NIMATA, BELGARIA, KOLKATA-49, WEST
BENGAL
2:SMTI SABITA SEN
W/O LT. RANJIT KR. SEN
DHARMANAGAR
RAJBARI
NORTH TRIPURA
3:SMTI ANITA DAS
W/O SHRI SHNEHAMOY DAS
R/O SIB BARI ROAD
HAILAKANDI
ASSAM
4:SMTI MADUMITA DEY
W/O LT. NARAYAN CH. DEY
R/O SIB BARI ROAD
HAILAKANDI
ASSA
Advocate for the Petitioner : MR G N SAHEWALLA, A R PAL,MS. S. TODI,MR H K
SARMA,MR M SAHEWALLA
Advocate for the Respondent : MR. I H LASKAR(R1,2,3), MR. P DAIMARY(R1,2,3),MR. P K
DEKA(R1,2,3),R BORAH(R1,2,3),MR. R. KARIM(R1,2,3)
Page No.# 3/8
BEFORE
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
22.05.2026
Heard Mr. G.N. Sahewalla, learned Senior counsel, assisted by Ms. S. Todi,
learned counsel for the petitioner. Also heard Mr. P.K. Deka, learned counsel for
the respondents.
2. This is an application for review under Section 114 read with Order 47, Rule
1 of the Code of Civil Procedure in respect of the Judgment & Order dated
16.02.2026 passed by this Court in Civil Revision Petition No. 261/2026,
whereby the decree for eviction on the ground of bona fide requirement for
reconstruction was upheld.
3. Learned senior counsel for the review petitioner has drawn the attention of
the Court to paragraph 25 of the judgment under review, which is as follows:
"25. Learned counsel for the respondent has also referred to a decision of
the Hon'ble Apex Court in Shyamlal Agarwal Vs. Ratanlal Malviya (Dead)
By Lis reported in AIR 1991 SC 353, wherein in the Apex Court in the facts
of the case held that the Courts have considered relevant facts and
circumstances in upholding the landlord's claim for reconstruction of the
accommodation and that there is no requirement under the concerned Act
that the building should have been in a dilapidated condition. It is also
submitted on behalf of the respondent that in the event that the new
construction takes place the respondent is willing to rent out a portion
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thereof to the petitioner provided he is agreeable to pay the market rent."
4. Mr. G.N. Sahewalla, learned Senior counsel for the review petitioner
submitted that, although the aforementioned stand of the respondent was
reflected in the judgment under review as above, the same does not find
mention in the final order passed by the Court dismissing the civil revision
petition, which is an error apparent on the face of the record, warranting a
review and to pass a direction incorporating the aforementioned stand.
5. Learned Senior counsel has referred to an Order dated 24.06.2004 in C.R.P.
number 65 of 2000, whereby the said Civil Revision Petition was disposed of by
the High Court under certain terms and conditions agreed to by the parties,
which included an agreement that the landlord shall complete the construction
as expeditiously as possible and no sooner the same is complete, shall offer an
equivalent area as held by the tenants as on date in the reconstructed premises
which naturally will be subject to payment of fair rent by the tenant.
6. It is submitted that a similar direction may be incorporated in the judgment
under review, directing the respondent/landlord to rent out a portion of the
newly constructed building as and when it becomes available, subject to
payment of market rent by the petitioner.
7. Vehemently controverting the aforesaid submissions, learned counsel for
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the respondents submitted that the present review petition is wholly
misconceived and not maintainable, inasmuch as there is no error apparent on
the face of the record. It is submitted that, at the time of hearing when the said
stand was taken by the respondent/landlord, there was no corresponding
acceptance on behalf of the petitioner, and it is only when the Civil Revision
Petition was dismissed that the petitioner has come up with a new plea which is
wholly unamenable to be considered in a review application.
8. Learned counsel for the respondents has placed before this court a number
of judgments of the Hon'ble Apex Court as well as this court. However, it would
suffice to refer to only one of them for the present purpose, i.e., the decision of
the Hon'ble Apex Court in Kamlesh Verma Vs. Mayawati and Ors , reported
in AIR 2013 Supreme Court 3301, wherein it was held as follows:
"16. Thus, in view of the above, the following grounds of review are
maintainable as stipulated by the statute:
(A) When the review will be maintainable :-
(i) Discovery of new and important matter or evidence which, after the
exercise of due diligence, was not within knowledge of the petitioner or
could not be produced by him;
(i1) Mistake or error apparent on the face of the record;
(iii) Any other sufficient reason.
The words "any other sufficient reason" has been interpreted in Chhajju
Ram v. Neki, AIR 1922 PC 112 and approved by this Court in Moran Mar
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Basselios Catholicos v. Most Rev. Mar Poulose Athanasius and Ors., (1955)
1 SCR 520 : (AIR 1954 SC 526), to mean "a reason sufficient on grounds
at least analogous to those specified in the rule". The same principles
have been reiterated in Union of India v. Sandur Manganese and Iron
Ores Ltd. and Ors., JT 2013 (8) SC 275 : (2013 AIR SCW 2903).
(B) When the review will not be maintainable:-
(i) A repetition of old and overruled argument is not enough to reopen
concluded adjudications.
(i) Minor mistakes of inconsequential import.
(iii) Review proceedings cannot be equated with the original hearing of
the case.
(iv) Review is not maintainable unless the material error, manifest on the
face of the order, undermines its soundness or results in miscarriage of
justice.
(v) A review is by no means an appeal in disguise whereby an erroneous
decision is re-heard and corrected but lies only for patent error.
(vi) The mere possibility of two views on the subject cannot be a ground
for review.
(vii) The error apparent on the face of the record should not be an error
which has to be fished out and searched.
(viii) The appreciation of evidence on record is fully within the domain of
the appellate court, it cannot be permitted to be advanced in the review
petition.
(x) Review is not maintainable when the same relief sought at the time of
arguing the main matter had been negatived."
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9. I have given my anxious considerations to the rival submissions. It may also
be noticed that the respondents have also filed an affidavit-in-opposition.
10. The perusal of the aforesaid paragraph 25 of the judgment under review
would show that what was recorded therein was merely the submission of the
learned counsel for the respondents. The said submission was to the effect that,
upon completion of construction of the new building, the respondents would be
agreeable to rent out a part of the premises to the petitioner, subject to
payment of market rent. In other words, an offer was made in the course of
hearing by one of the parties, but the same was never accepted during the
course of the hearing by the petitioner's side, and the case was argued on
merits by both sides and it ultimately came to be dismissed on merits, and
hence, there was no scope for incorporating a direction therein incorporating the
offer of the respondents adverted to hereinbefore. Doing so would amount to
converting an offer, which was made by one party and not accepted by the
other, into a direction of this Court, which would have been wholly impermissible
in law.
11. Hence, I do not find any errors apparent on the face of the record
warranting remedial action in review. As far as the Order dated 24.06.2004
passed in CRP No. 65 of 2000 is concerned, the same was apparently a consent
order passed upon agreement of all parties to the case and therefore, the same
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has no relevance for the purpose of deciding the present petition.
12. In view of the aforesaid discussion, the review petition is held to be devoid
of merit and is accordingly dismissed.
13. Send back the TCR.
JUDGE
Comparing Assistant
