MOOTHAM, UPADHYA
Sheo Jatan Kunwar – Appellant
Versus
Bhadai Rai – Respondent
JUDGMENT
Mootham, C.J. - This is an appeal from an order of a learned single Judge dated the 8th February, 1955, dismissing a petition under Article 226 of the Constitution. The circumstances in which that petition was filed are these:
The first Respondent had sold two plots of land to the Appellant and a dispute arose between them as to the balance of the purchase-price payable by the Appellant to the first Respondent. The first Respondent claimed Rs. 1,700/- and interest, whereas the Appellant admitted liability only in the sum of Rs. 340.
2. On the 23rd September, 1949, the Appellant and the first Respondent agreed to refer the dispute to the Panchayati Adalat of Bat hari, the third Respondent, for decision. The Panchayati Adalat appears to have heard the evidence of both parties, and on the 12th March, 1950, it passed a decree in favour of the first Respondent for the sum of Rs. 2,077. The Appellant made an application in revision to the Munsif but that was dismissed on the 20th July, 1950. He then filed an application in revision in this Court u/s 115 of the CPC but that also was dismissed on the 16th July, 1953. He thereupon filed the petition out of which this appeal arises.
3.
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