GRAM PANCHAYAT KAUDIA Vs. DATTOLAL

JUDGEMENT

(1.) THIS is an appeal against the order, dated 14 -11 -1960, passed by Shri B. R. Dube, Additional District Judge, Narsimhapur. in Civil Appeal No. 5 of 1960, reversing the order dated 2 -4 -1960, passed by Shri S. Sanyal Civil Judge. Class II, Narsimhapur, in execution proceedings arising out of the decree in Civil Suit No. 19 B of 1957, dated, 4 -11 -1958.

(2.) THE respondent took a contract from the appellant, whereby the appellant's right to recover registration tax and Bakkhar tax from the villagers during the period from 1 -4 -1955 to 31 -3 -1956 was auctioned in favour of the respondent for an amount of Rs. 15175/ -, Out of the said amount the respondent paid only Rs. 7785/ -, leaving a balance of Rs. 7390/ -. Therefore, the Gram Panchayat filed the present suit for recovery of the said amount with interest.

(3.) HOWEVER , in the execution proceedings the judgment -debtor respondent objected to the execution of the decree on the ground that the Civil Court had no jurisdiction to pass the decree, as a suit was barred by express provisions of the C. P. Panchayats Act, 1947. Further, it was alleged that the Gram Panchayat had no right or authority to file a suit, as there were no rules authorising the Gram Panchayat to levy the taxes or to recover or to lease but the right by auction.