plaintiff purchased the suit property acquired title to the suit land by way of exchange from the Panchayat and he gave his own land to the Panchayat which was duly approved by the Director, Panchayats. The benefit to the Panchayat and inhabitants was patent from the fact that Panchayat got vacant land in lieu of land which was unauthorisedly occupied by the appellant. The approval by the Director which was duly proved by official witnesses clearly established that there was compliance with the procedural provisions and exchange was for benefit of the Panchayat. He relies upon Illustration (e) to Section 114 of the Evidence Act and submits that once there was approval by the competent authority for which document was on record, passing of resolution could be presumed. He submits that in these circumstances, judgment of this Court in Dhaja Ram (supra) was distinguishable, as held by the lower appellate court. In Dhaja Ram (supra), there was no application of mind by the Panchayat that exchange was for the benefit of the inhabitants of the village and exchange was allowed without any application of mind. Judgment is, thus, clearly distinguishable.
