JUDGMENT :

Partha Sarathi Chatterjee, J.

1. This memorandum of review has been filed seeking a review of the order dated 20.04.2021, passed in Second Appeal No. 36 of 2008, along with the connected application, CAN 5 of 2019. By the said order dated 20.04.2021, the Hon'ble Court had partly allowed the second appeal, set aside the common judgment and decree passed by the First Appellate Court in Title Appeal No. 4 of 2000 and Title Appeal No. 19 of 2000 (which had been heard analogously), and restored the judgment and decree of the learned Trial Court in Title Suit No. 174 of 1981.

2. The review of the order dated 20.04.2021 has been sought primarily on the ground that, although the Hon'ble Court decided all the substantial questions of law framed at the time of admission of the appeal in favour of the respondents/petitioners, it proceeded under a misconception of law in deciding a question of fact, namely that the First Appellate Court had erred in treating defendant no. 3/appellant as a rank trespasser in respect of 5½ decimals of land in the Schedule A property, without properly ascertaining the actual possession of defendant no. 3/appellant over the nonsuit plot. It was further obs