ORDER :

1. On 22/9/2017, while issuing notice, the following substantial question of law was framed :-

“An objection being raised to the admissibility of documents at Exhibits-49 and 50 which aspect was not decided by the trial Court, whether the appellate Court was precluded from entertaining this objection in the light of provisions of Section 35 of the Maharashtra Stamp Act ?”

2. I have heard learned Counsel Shri A.V. Khare for the appellant and learned Counsel Shri P.K. Mishra for the respondent nos.1 (a to e) and 2. Respondent no.3 stands deleted by order dated 26/6/2018. None appears for the respondent nos.4 (a) to (e), though served.

3. To appreciate the back ground, it is necessary to state a few facts :-

(a) The suit property is a house bearing No.1149 known as ‘Parwati Bhavan’ on plot No.237, situated in Central Avenue Section – III, Middle Precincts Layout, Jagjiwanram Nagar, Nagpur.

(b) The plaintiff/Parwatibai Akre on 27/6/1994, executed an agreement of sale of the suit property in favour of the defendants for total consideration of Rs.3,10,000/- which is claimed to have been resettled as Rs.3,05,000/-, out of which a part consideration of Rs.40,000/- was received by her on