BABASAHEB Vs. RADHU VITHOBA BARDE

JUDGEMENT

(1.) A pure question of law raised in this second appeal is: Whether a decree for specific performance of land to be transferred from tribal to nontribal can be granted subject to obtaining permission u/s 36A of Maharashtra Land Revenue Code?

(2.) The facts shorn of unnecessary details relevant for deciding this appeal may be stated as follows:

(3.) The defendant took defence of total denial. According to him, the plaintiff practiced fraud upon him and got the said document executed which is a sham and bogus document. The suit land of restricted tenure could not be alienated without the prior permission of the competent authority. The ld. Civil Judge Sr. Divn., Sangamner framed issues. There was no specific issue whether specific performance can be granted in absence of prior permission.