RAJAMANICKA MUDALIAR Vs. VADIVELU MUDALIAR

JUDGEMENT

(1.) THE defendant before the Panchayat Court, Chingleput who sought to set aside the decree dated 25-6-1970 passed by the Panchayat Court in case No. 137 of 1969, before the District Munsif, Chingleput, is the petitioner herein. The grounds on which the decree of the Panchayat Court was sought be set aside are: (1) that the Panchayat Court acted with gross partiality, (2) that the decree was arbitrary and perverse (3) that it was illegal and there was material irregularity, and (4) that the decree did not contain any reasons for its decision as required by Section 46 of the Village Courts Act. The respondent before the District Munsif filed a counter, denying all the allegations in the petition.

(2.) THE learned District Munsif dismissed the petition holding that there was no material irregularity in the decree, that the gross partiality alleged was not established, that the decree was neither unjust nor without jurisdiction and that the perusal of the decree showed that both the parties were enquired and as per the opinion of the members of the suit was decreed. The learned District Munsif also stated that on a perusal of the notes-paper on the date of the decree showed that the daily entries in the plaintiff's note book were seen by the members and the suit was decreed. The present revision petition is preferred against the order of the learned District Munsif.

(3.) THE main contention of the learned counsel for the petitioner is that the decree passed by the Panchayat Court is not in terms of Section 46 of the Madras Village courts Act as the requirements specified therein have not been complied with. The relevant part of Section 46 reads as follows :-