ORAL JUDGMENT :

Heard Shri Bapat, learned counsel for the petitioners and Shri Thakare, learned Assistant Government Pleader for respondents No. 1 to 4.

2. By this petition filed under Articles 226 and 227 of Constitution of India, the petitioners – purchasers have challenged the order dated 31.08.1999 passed by the Additional Commissioner, Nagpur Division, Nagpur, in an appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 (hereinafter referred to as the Code). That appeal was against the orders of Sub-Divisional Officer (SDO) dated 31.03.1997 whereby the transfer in favour of the petitioners was found in contravention of subsection (2) of Section 36 of the Code and has been set aside. The said transfer is by deceased father of respondents No. 5 to 8 in favour of present petitioners on 06.04.1976.

3. Shri Bapat, learned counsel has urged that the petitioners as also respondents No. 5 to 8 both are tribals and hence the provisions of Section 36(2) of the Code are not attracted. He has invited attention to provisions of Section 36A to urge that said section needs to be read along with Section 36 of the Code. Section 36A begins with non obstante clause and, t