GUMAN MAL LODHA, J. - (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. The Pradhan of the Panchayat Samiti has filed his written statement on November 11, 1964 without contesting the suit of the plaintiff, whereas the counsel of the Gram Panchayat filed written statment on December 7, 1964 contesting the suit. It was alleged that the Panchayat had right to decide the matters of way and its order dated February 11, 1961 was not without jurisdiction, It was further contended that the plaintiff encroached upon the village path way and the disputed land was not part of his Khatedari land. According to them the suit is not maintainable and was time barred.
(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.;