RAM ABHILAKH Vs. RAM JAS

JUDGEMENT

(1.) THIS order shall govern Civil Revisions Nos. 875 and 876 of 1962 both by Ram Abhilakh, decree-holder, against the order, dated 30-8-1962 of the Munsif of Gyanpur, holding that in view of Section 42, C. P. C. he had, while executing the decree passed by the Nyaya Panchayat, same powers as the Nyaya Panchayat, and could not execute the decree by attachment and sale of immovable property. He consequently dismissed the application of Ram Abhilakh for the execution of the decree by attachment and sale of immovable property.

(2.) SECTION 64 of the U. P. Panchayat Raj Act, 1947 (to be referred hereinafter as the Act enumerates) the jurisdiction of the Nyaya Panchayat in civil cases. A perusal thereof shall make it clear that the Nyaya Panchayat has no jurisdiction to take cognizance of a suit for the recovery of immovable property or for the value thereof. Similarly the Nyaya Panchayat has no jurisdiction to entertain a suit for the recovery of money due on a contract in respect of an immovable property. In short, the Nyaya Panchayat has me jurisdiction to entertain suits with regard to movable property, and not immovable property.

(3.) EVEN though in Section 64 differentiation has been made between 'movable' and 'immovable' property, the general word 'property' is used in Section 93. Section 93 thus places no such restriction on the execution of decree and it can be executed against any property including an immovable property even though no suit with regard to immovable property can be entertained by the Nyaya Panchayat.