GRAM PANCHAYAT Vs. BALA PRASAD

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment of Civil Judge, Alwar in Civil Appeal No. 34 of 197C setting aside the decree passed by Additional Munsif, Alwar.

(2.) THE facts, in short, of this case are that the plaintiff owns Khasras Nos. 929, 781, 785, 774, 775 and 780 of agricultural land located by the side of way. It is alleged that Gram Panchayat Ramgarh by its judgment dated February 11, 1961 has held that plaintiff has encroached upon the land of way in the portion shown in para No. 2 of the plaint. The Panchayat Samiti has also dismissed the appeal of the plaintiff by us order dated October 31, 1962. So the plaintiff went in revision, which was also dismissed on April 15, 1963. The contention of the plaintiff was that the Gram Panchayat had no jurisdiction to try that claim and had no power to infilict penalty. It has been further alleged that the Gram Panchayat should be restrained from recovering the penalty, which has accrued after the order dated February 11, 1961.

(3.) THE trial Court after framing the issues and recording evidence of the parties came to the conclusion that the suit was time barred and dismissed it.