The above review is filed against an order in C.R.P 2126/1997 passed on 24/03/1998. By the said order, this Court considered the objection to the order of the Taluk Land Board, raised by the revision petitioner, who is the deceased first review petitioner herein and whose legal heirs are impleaded as additional petitioners. The objection raised was with respect to the Taluk Land Board having included under column 2, 0.90 acres in Survey Number 17/4 for arriving at a total extent of land in the possession of the declarant. It was contended that, this 90 cents was exempted as a homestead and hence it could not have been included in the total holding. The learned Government Pleader on instructions submitted that, the total holding of the R.P. No. 228/1998 in C.R.P.NO.2126 of 1997 2 declarant was determined at 31.26 acres, out of which 1.39 acres were exempted as being homestead and land for the beneficial enjoyment. On the State's specific contention that, the 0.90 acres was within the said lands exempted as homestead, the Civil Revision Petition was dismissed.
The learned counsel for the review petitioners strenuously urges that, the declarant had only half share of the 31.26 acres and the balance was with another brother. It is also contended in the review petition that, 2 acres in Survey Number 17/4B1 and 30 cents n Survey No. 18/1 as also .08 acres and 1.28 acres in Survey No. 17/4B2 and Survey No. 19/5 respectively, are also liable to be exempted, as being in the possession of other persons. I am afraid that, these are all new claims made which were never raised at the earlier stage. The powers of review of this Court under R.P. No. 228/1998 in C.R.P.NO.2126 of 1997 3 Order 47 Rule 1 is succinctly stated in State of West Bengal v. Kamal Sengupta, 2008(8) SCC 612. This Court is of the opinion that, the grounds raised in the review do not come within the scope of what is contemplated under Order 47 Rule 1, as has been stated by the Honourable Supreme Court .
In the circumstances, the Review Petition is devoid of merit and is dismissed.
K.VINOD CHANDRAN JUDGE //True copy// P.A. To Judge lsn