DHARMAN Vs. GRAM PANCHAYAT OF VILLAGE KURAR

JUDGEMENT

(1.) This second appeal has arisen in the following circumstances :

(2.) The plaintiff thereupon brought the present suit for a permanent injunction restraining the Gram Panchayat from demolishing the wall and from recovering the fine. This suit was contested by the Gram Panchayat. The trial Court dismissed the suit and, on appeal by the plaintiff, the decision of the trial Court was affirmed by the lower appellate Court. The plaintiff has come up in second appeal.

(3.) Mr. G.P. Jain, learned counsel for the plaintiff, rightly did not contest the decision of the Courts below on the question of encroachment and the dismissal of plaintiff's suit re-demolition. To that extent, the decision of the Courts below must stay.