1. A pure question of law raised in this second appeal is: Whether a decree for specific performance of land to be transferred from tribal to non-tribal can be granted subject to obtaining permission u/s 36A of Maharashtra Land Revenue Code?

2. The facts shorn of unnecessary details relevant for deciding this appeal may be stated as follows:

The appellant herein namely Babasaheb is the original plaintiff and the respondent Radhu is the original defendant. Radhu Barde belonging to tribal category by agreement dt.31.07.2001 agreed to sell his land of 80R. situated at Block No.41/1, Mandve (Bk.), Tq. Sangamner, to the plaintiff Babasaheb for Rs.2,25,000/-. The earnest amount of Rs. 1,55,000/-was paid. Accordingly, agreement in the form of deemed conveyance on full stamp duty was executed. Subsequently, in 2003 the possession was also delivered to Babasaheb and since 2003, he is enjoying the possession. On 10.01.2003, additional consideration of Rs. 65,000/was paid. Thus, out of Rs. 2,25,000/-, amount of Rs. 2,20,000/-was paid. Since there was no compliance of the terms of the agreement by the defendant, Spl. Civil Suit No. 11/2005 was filed by the present appellant for specifi