In Brief
A group of heirs to a deceased estate owner filed suit in 1987 challenging an order from 1963 by which an Agricultural Lands Tribunal had declared one party a 'deemed purchaser' of the suit land. The suit was rejected by the trial court and high court as barred by limitation and outside Civil Court jurisdiction under the Maharashtra Tenancy Act. The Supreme Court allowed the appeal, holding that limitation cannot be applied when the plaintiffs claim they only discovered the orders after inspecting Court Receiver records; that a plea of constructive notice cannot be accepted at the plaint rejection stage; and that the Civil Court must follow the mandatory procedure under Section 85A (stay and refer to competent authority) even when issues have been previously decided, especially where fraud or statutory exemptions are alleged.",
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