IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO. 440 OF 2007 Shri Bhausaheb Punja Jadhav & Ors. .... Applicants Versus Sau. Manjulabai Ramji Ughade & Ors. ..... Respondents. ________ Mr. Tushar Sonawane, for the Applicants(Orig.Defendant Nos.1 to 3) Mr. P.S. Dani, for the Respondent Nos.1 to 4.(Orig.Plaintiff Nos.1 to 4) CORAM: R. V. MORE, J. DATED : 18TH JUNE, 2009 P.C.: 1. The Applicants are original Defendant nos.1 to 3. The Respondent nos.1 to 4 are original Plaintiff nos.1 to 4. The Suit filed for declaration that sale deeds executed on 7th April 1995, by original Defendant no.11, dated 7th July 1995 by original Defendant nos. 9 and 10 and dated 19th November 2004 by original Defendant nos.4 to 8 are illegal with further declaration that power of authority executed in favour of Defendant no. 11 was illegal and obtained fraudulently. 2. In this Suit, the Applicants/Defendant nos.1 to 3 filed an application under order 14, Rule 2A and 2B of Code of Civil Procedure raising preliminary objection about jurisdiction of Trial Court to entertain the suit. The Application was rejected, hence present Revision. ..: 2 :.. 3. The Applicants the original Defendant nos.1 to 3 objected jurisdiction of the court on the basis of provision of Section-10 of Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 and Section-36 of Revenue Code 1960. The Maharashtra Registration of Land to Scheduled Tribes Act applies to the transfer made during 01.04.1957 to 06.07.1974. The Suit transactions are entered into after 1995, therefore the said Act has no application. So far as the provision under Section-36 of Revenue Code is concerned, the Collector cannot have authority to give declaration as sought by Respondent nos.1 to 4 and therefore Suit is rightly filed in Civil Court. The Trial Court rightly came to the conclusion that the Civil Court have jurisdiction to entertain the Suit. I did not find any error in the order. The Civil Application is accordingly dismissed. JUDGE