Hirdai Narain Seth, J. - (1.) Petitioner Mahabir Prasad is aggrieved by the order dated 25.08.1975 passed by Nyaya Panchayat, Nala, Tahstl Bilhaur, district Kanpur, decreeing the Plaintiff's (Respondent No. 3's) suit for the recovery of a sum of Rs. 512.53 from him. He is also aggrieved by the judgment dated 27.09.1976 passed by the Munsif Hawaii, Kanpur affirming the aforesaid decision of the Nyaya Panchayat.
(2.) Briefly stated, the facts giving rise to the present writ petition are that Respondent No. 2 filed a suit before the Nyaya Panchayat, Nala, against the Petitioner alleging that he had taken certain land from the Petitioner on Batai in the year 1380 Fasli. The Petitioner did not give to him the grain valued at Rs. 464 -00 to which he had become entitled under the contract of batai. He, therefore, claimed a decree for a sum of Rs. 464/ - together with Ks. 36/ - as interest due thereon, total amount Rs. 500/ -. The Nyaya Panchayat believed the case of the Plaintiff and decreed the suit. Aggrieved the Petitioner went up in revision before the Munsit making allegations attributing mala -fides to the Nyaya Panchayat. He also claimed that the procedure adopted by the Nyaya Panchayat in deciding the suit, without affording him an opportunity to cross examine the witnesses, was contrary to law and rendered the decree invalid. The learned Munsif did not believe the Petitioner's case regarding malafides of Panches of the Nyaya Panchayat. He also observed that there was nothing on the record to show that the Petitioner had, at any stage, made any application for cross -examining the witnesses of the Plaintiff. In the result, he dismissed the revision application. Aggrieved the Petitioner has approached this Court for relief Under Article 226 of the Constitution.
(3.) In the instant case, it is not disputed that the Plaintiff Respondent had, before the Nyaya Panchayat, claimed a decree for a sum of Rs. 500/ - which according to him was due to him in respect of ' batai contract ' where under he was to till the land of the Petitioner and to share half of the usufruct thereof.;