Trace Your Case

ISSUE:

Whether the suit was maintainable in light of the provisions of Section 36A of the Fragmentation Act?

Whether the Civil Court had jurisdiction to entertain the suit?

RULE:

When a claim involves matters that fall within the exclusive jurisdiction of the competent authority under the Fragmentation Act, the civil court is barred from entertaining such a suit under Section 36A of the Act.

Any dispute regarding land fragmentation must be addressed through a competent authority under the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (Fragmentation Act) and not through a Civil Court.

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