JAMUNA SINGH Vs. JYANTRI

JUDGEMENT

(1.) THIS is a Defendant's appeal in a suit filed for declaration that a decree passed by the Panchayat Adalat on 29 -6 -64 against the Plaintiff was without jurisdiction and that the Panchayat Adalat had no jurisdiction to refer this matter to arbitrator and that the decision based on the award was invalid because of several grounds mentioned in the plaint. It was further alleged that as soon as the award was sent to the Panchayat Adalat the Panchayat Adalat without giving any opportunity to object the award passed a decree thereon. It was also alleged that as a matter of fact the Plaintiff had never referred any such matter to arbitration.

(2.) THIS suit was contested by the defendant Respondent on the ground that the Plaintiff had no cause of action to bring the present suit, that no fraud was practised before the Nyaya Panchayat. It was asserted that the Plaintiff did apply for the reference of the dispute to the arbitrator and he signed the application. It was said that after the decree passed by the Nyay Panchayat a revision was filed, which was dismissed and that the suit was not maintainable and was not cognizable by the civil court.

(3.) AN appeal was preferred against this decision and the lower appellate court having discussed the case at great length and relying on the decision of this Court reported in, 1956 AWR 217 Sheo Jatan Kunwar v. Bhaday Rai and Ors. came to the conclusion that no reference could be made by the Panchayat Adalat Under Section 82 of the UP Panchayat Raj Act. It was held that the Panchayat Adalat also not having given opportunity to the parties to file objection the decision of the Panchayat Adalat based on the award was vitiated in law. Accordingly, the lower appellate court set aside the judgment of the trial court and decreed the suit of the Plaintiff as prayed. The Defendant has come up in appeal to this Court and it has been contended on behalf of the Appellant that the lower appellate court has not correctly interpreted Section 82 of the Panchayat Raj Act. Section 82 of the UP Panchayat Raj Act reads: