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Judgment
K.S. Jhaveri, J.—All the revisions are directed against the judgment and order dated 21.12.2004 passed by the learned Joint District Judge, 4th Fast Track Court, Gondal in concerned Civil Appeal, which are impugned in the present revision applications.
Heard Mr. Premal Joshi for the applicant. Though served none appears for the opponent.
It appears from the judgment and order of the Trial Court as well as of the First Appellate Court that the Suit came to be dismissed mainly on the ground that the District Education Committee, the applicant herein, could not have filed the Suit on behalf of the District Panchayat. Another is that the arrears of rent is not proved before the Court and therefore, the Suit has been dismissed.
As per the provisions of the Gujarat Panchayat Act, the panchayats are only in three tier; at the village level Gram Panchayat, at the taluka level Taluka Panchayat and at the district level District Panchayat. The incorporation of the panchayat under the different classes has been provided at Section 5 and the power therefore, for all properties of District Panchayat vest to the District Panchayat. The incorporation is also of the District Panchayat. It does not speak for the District Primary Education Committee so far as incorporation as statutory body is concerned. Therefore, both the lower Courts have rightly observed that the District Education Committee could not file the suit on its own name.
Further, on the aspects of arrears of rent, it appears that there was no satisfactory material produced before the Trial Court and upon the fact finding inquiry, the Trial Court has found that the ground of arrears of rent is not proved. The appellate Court has appreciated and re-appreciated the documents and the evidence on record and has concurred with the view of the Trial Court.
It cannot be said that there is any jurisdictional error committed by the appellate Court which would attract the power of this Court u/s 115 of the CPC or u/s 29 of the Rent Act.
In view of the above, all the revision applications are dismissed. Rule is discharged with no order as to costs. The present order shall not operate as a bar to the District Panchayat to file a suit for appropriate relief, if otherwise permissible in law.