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1952 Supreme(All) 268

DESAI
Kameshwara Singh – Appellant
Versus
Bharat Koeri – Respondent


Advocates:
A.P. Pandey, for Applicant; S.N. Divedi, for Respondent.

ORDER :- This is an application under Art.227 of the Constitution for the setting aside of an order passed by the Sub-Divisional Officer of Banaras in revision against an order of a Panchayati Adalat in a case for correction of papers. The applicant started proceedings under the Land Revenue Act for correction of village records in a Tahsildars Court. The matter being a contested one went before the Sub-Divisional Officer who examined some witnesses and then transferred the case to the Panchayati Adalat of Nagwa. The case was heard by five Panchas (including the Sarpanch) in the Panchayati Adalat. The Panchayati Adalat fixed 25th February 1951, for judgment. On that date all the five Panchas were present and the Sarpanch invited opinions of the four Panchas. Two of them, namely Sarwashri Baijnath Prasad and Nageshwar Ram did not give their opinions while the other two (Sarvashri Alopi Nath and Sri Nath Singh) gave their opinion in favour of the applicant. The Sarpanch agreed with the opinion of the latter two Panchas and wrote out the judgment which was signed by Sarvasri Alopi Nath and Sri Nath Singh. The other two Panchas, who belong to village Bhagwanpur where the opposite party










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