Final Order 1

Order Details: Other
Pdf Text: 15.04.2019
SU 7600/98
@ NM
1385/19
CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
Adv. Chotani for Plaintiffs present.
Adv. Mali for Defendant nos.2a to 2d and 3 present.
Adv for Defendant nos.2a to 2d and 3 tendered original NM
No.1385/19 t.o.r.
Say filed by Plaintiff on NM 1385/19.
Order below Notice of Motion No.1385 of 2019.
Read notice of motion, affidavit in support of it and say of Plaintiffs.
Notice of motion is taken out by the defendant nos.2a to 2d and 3 for
framing additional issues as per schedule annexed to notice of motion
on the count of contention raised by these defendants in their written
statement that they belonged to Warli community which is classified
as Scheduled Tribe and their rights have been protected under
Maharashtra Land Revenue Court and that suit property was
transferred in the name Zipribai Warli, Chaitubai Warli and Baijubai
Dalvi as owner thereof by an order dtd.12.02.1987 passed under
Section 32(M) of the Bombay Tenancy and Agricultural Land Act.
They have also raised contention that defendant no.1 to 3 were
deemed purchasers under Sec.32(M) of B.T. and A.L. Act and there
are restrictions under Sec.43 of the said Act in relation to transfer of
suit property. Keeping in view above contentions raised by these
defendants, it is necessary to frame certain additional issues. Hence,
pass following order.
ORDER
1. Notice of Motion no.1385/19 is partly allowed and following
additional issues are framed.
ADDITIONAL ISSUES
12a) Whether defendant nos.2a to 2d and 3 prove that they belong to
Warli community which comes under Scheduled Tribes and
defendant no.1 was belonging to said Community and transactions in
question are bad in law in view of Sec. 36-A of M.L.R. Code ?
12b) Whether transactions in question are bad in law in view of
provisions of Sec.43 of Bombay Tenancy and Agricultural Lands Act
?
Accordingly, Notice of Motion no.1385/19 is disposed off.
Adj for directions 02.05.2019.
L.O.
Plaintiff no.1A is Senior citizen. In view of office order No.66 of
2019 dtd.04.04.2019 and also in view of oral communication from
department, present case is to be forwarded to Court Room no.9.
Judge
-- 1 of 1 --