Case Note & Summary
The petitioners, defendants in Regular Civil Suit No. 215/2013, challenged the order dated 29.06.2017 passed by the Joint Civil Judge, Junior Division, Gondia, rejecting their application under Section 36B of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The respondent-plaintiff had filed the suit seeking permanent injunction and possession based on a registered sale deed dated 30.09.2011. The defendants amended their written statement to plead that the sale deed was hit by the provisions of the Act. The trial court framed an issue on this point. The defendants then filed an application under Section 36B to refer the question to the Competent Authority. The plaintiff opposed the application on grounds of delay and laches. The trial court rejected the application, holding that the defendants had not demonstrated that the conditions for reference were satisfied. The High Court held that Section 36B is mandatory and requires the civil court to refer any question as to the effect of the Act on a document to the Competent Authority. The court cannot decide such a question itself. The High Court allowed the writ petition, set aside the impugned order, and directed the trial court to refer the issue to the Competent Authority under Section 36B of the Act.
Headnote
A) Civil Procedure - Reference to Competent Authority - Section 36B of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 - The civil court is bound to refer any question as to the effect of the Act on a document to the Competent Authority under Section 36B, and cannot decide such question itself. The court rejected the application on grounds of delay and laches, but held that the provision is mandatory and the reference must be made. (Paras 10-12)
Issue of Consideration
Whether the civil court was justified in rejecting the defendants' application under Section 36B of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 for referring the issue of the effect of the Act on the sale deed to the Competent Authority.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 29.06.2017, and directed the trial court to refer the issue to the Competent Authority under Section 36B of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
Law Points
- Section 36B of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act
- 1947 mandates civil court to refer any question as to the effect of the Act on a document to the Competent Authority
- Civil court cannot decide such question itself
- Reference application cannot be rejected on grounds of delay or laches
