SHAMSHUDDIN MANUBAI TAMBOLI Vs. KERU SHANKAR BITE

JUDGEMENT

(1.) This is a Petition by defendants challenging rejection of their application at Exhibit 154 for referring issue whether Sale Deed is in contravention of provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter to be referred as the 'said Act').

(2.) Heard learned counsel for the petitioners/defendants. He argued that the learned trial court has given finding to the effect that defendants have not claimed that the suit property is fragment under the said Act and therefore, it can not be termed as fragment.

(3.) I have considered the submissions so advanced and perused the impugned order as well as application for referring the issue to the authority under the said Act.