LAWS(BOM)-2013-12-34

ARJUN SITARAM NITINWAR Vs. RAMA SAKHARAM PARAD

Decided On December 12, 2013
Arjun Sitaram Nitinwar Appellant
V/S
Rama Sakharam Parad Respondents

JUDGEMENT

(1.) Rule with the consent of the Learned Counsel for the parties made returnable forthwith and heard.

(2.) The Writ Jurisdiction of this Court under Article 226 of the Constitution of India has been invoked against the order dated 142013 passed by the Learned Joint Civil Judge Senior Division, Thane, by which order, the Trial Court has refused to exhibit the Development Agreement dated 232005 on the ground that the said agreement has been entered into without complying with the provisions of Section 36A of the Maharashtra Land Revenue Code in the matter of obtaining permission of the Competent Authority as the land covered by the said agreement is a tribal land and that the said document showing consideration of Rs.10 lacs but the same was executed on a stamp paper of Rs.10 from which it is crystal clear that the said document is not properly stamped.

(3.) The factual matrix involved in the above Petition in brief can be stated thus: