( 1 ) THE complaint against the applicants which was presented before the Panchayati Adalat of bhagwatipur was that the applicants had cut away a tree belonging to the complainant and standing in his land and that when the complainant remonstrated with the applicants he was assaulted with lathis by them. The tree was claimed by the applicants to belong to them. The pancbayati Adalat went into the matter and found that the tree belonged to the complainant and that the applicants were not justified in cutting it. Each of the applicants were, therefore, convicted and sentenced to a fine of Rs. 25. The applicants went up in revision to the sub-Divisional Magistrate. The revision was dismissed.

( 2 ) IN this application before me it has been urged that the constitution of the Panchayati Adalat which tried the case was not in accordance with the provisions of Section 49 of the U. P. Panchayat Raj Act inasmuch as only one panch out of the five panches was taken from the village in which the complainant and the accused lived. It is urged that both parties live in the same village and since Section 49 requires that one panch from the village in which the complainant lives and a