GUMAN MAL LODHA, J. - (1.) THIS is Civil Second appeal by the plaintiff appellant against the judgment of the first appellate court reversing the judgment and decree passed by the trial court for the removal of the encroachment upon the village path way.
(2.) IT is common ground between the parties that the judgment of the Gram Panchayat (Ex. 1) on the question, whether the disputed land is a public way and gram path, was not considered by the first appellate court while reversing the decree passed by the trial court in favour of the plaintiff -appellant. Shri J.P. Goyal, the learned counsel for the plaintiff -appellant submitted that according to the decision in Bansilal v. Gram Pamchayat 1959 RLW 24 Gram Panchayat has got jurisdiction under Section 24 of the Rajasthan Panchayat Act to decide the question of village path -way/gram path and, therefore, the judgment is relevant and admissible.
(3.) THE learned counsel for the respondent on the contrary submitted that as per the judgment of this court in Mishrimal v. Gram Panchayat Slwana 1957 RLW 136, when there is a question of dispute between gram panchayat and other persons regarding gram path, the decision of the gram panchayat cannot be final.;