In Brief
The Supreme Court examined whether a 1987 civil suit challenging a 1963 Agricultural Lands Tribunal order and 1954 sale certificate should be dismissed at the threshold stage on grounds of limitation. The court held that where a plaintiff claims lack of notice of the original quasi-judicial proceedings, limitation becomes a triable factual issue that cannot be resolved through plaint rejection. The court also clarified that Section 85A of the Maharashtra Tenancy and Agricultural Lands Act, 1948, requires courts to refer issues to the competent authority and determine jurisdiction properly, rather than summarily dismissing suits. Allegations of fraud and collusion cannot be addressed through statutory appellate remedies alone, requiring the Civil Court to consider whether its jurisdiction is completely ousted under Section 88B of the Act.
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