S.P.Goyal, J.

1. This second appeal by the plaintiff is directed against the judgment and decree of the learned Senior Subordinate Judge, Barnala, dated August 9, 1965, whereby the judgment and decree of the trial Court dismissing the suit of the plaintiff was confirmed.

2. The Gram Panchayat of village Pakho Kalan issued a notice to the plaintiff on February 16, 1964, to vacate the possession of the site in dispute within five days. The plaintiff instituted the suit to challenge the validity of the said notice and for permanent injunction restraining the respondent from demolishing the buildings and interfering with his possession. The suit was contested by the respondent and the allegations made in the plaint were controverted. It was further pleaded that the suit was liable to be dismissed for non-service of the notice under section 108 of the Gram Panchayat Act. The jurisdiction of the civil Court to try the suit was also challenged. On the pleading of the parties, following issues were framed :-

1. Whether the suit is maintainable without service of notice under section 108 of the Gram Panchayat Act ?

2. Whether the plaintiff is the owner of the house in dispute ?

3. I