NDLI: Salim D. Agboatwala and Ors. Vs. Shamalji Oddhavji Thakkar and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Tenancy and Agricultural Lands Code of Civil Procedure
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Civil Procedure, 1908 (5 of 1908)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Civil Procedure, 1908 – Or.VII, r.11(d) – Maharashtra Tenancy and Agricultural Lands Act, 1948 – ss.32G, 32M, 85 and 85-A – The plaintiffs’ case that one ‘H’ died in the year 1946 and thereafter a suit was filed by his heirs in the year 1947 – In the said suit, the High Court appointed a Receiver and he took over the possession and management of the properties – Certain sales through Agricultural Lands Tribunal and mutation in the revenue records were effected thereafter without the knowledge and behind the back of the heirs – Thereafter, another suit was filed by the persons claiming to be legal representatives and successors in title of one ‘H’ in the year 1987 for setting aside an order passed by the Agricultural Lands Tribunal in a tenancy case u/s. 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948 and for setting aside a sale certificate issued u/s.32M of the 1948 Act – The defendant took the defence that the plaint was liable to be rejected u/Or.VII, r.11(d) CPC as (a) that the suit filed in the year 1987 challenging the action of the competent authorities under the Act carried out way back in 1963 and 1964 was barred by limitation; and (b) that in any case s.85 of the 1948 Act bars the jurisdiction of civil Court – Accordingly, the civil Court rejected the plaint on both the points raised by the defendant – The Regular First Appeal by the plaintiffs was dismissed by the High Court – Before the Supreme Court, it was contended by the appellants/plaintiffs that only after making inspection of the records in connection with the suit land available in the office of defendant No.3 (Court Receiver) that they came across the correspondence and documents relating to the transactions and that the proceedings before the Agricultural Lands Tribunal (ALT) were collusive, fraudulent and null and void – The respondent contended that the against the orders passed u/ ss.32G and 32M the alternate remedy is u/s.74 before the Appellate authority of the 1948 Act – Held: In the instant case, the plaintiffsassert in no uncertain terms that notices were never ordered to them nor served on them – Therefore, the answer to the issue regarding limitation, will depend upon the evidence with regard to the issuance and service of notice and the knowledge of the plaintiffs – The trial Court as well as the High Court were not right in rejecting the plaint on the ground of limitation, especially in the facts and circumstances of this case – The civil Court as well as the High Court refused to follow the procedure prescribed by s.85-A of the 1948 Act, on the short ground that the same could be invoked only in cases where the issues covered by the Act have not already been settled, decided or dealt with by an authority competent under the Act to do so – Collusion and fraud are the main planks on which the plaintiffs have built up their case – The question whether the order of the ALT and the sale certificate issued thereafter are the product of fraud and collusion, cannot be determined by the Appellate or Revisional authority u/s. 74 of the 1948 Act – Further, the verasity of argument u/s. 88-B(1)(d) of the 1948 Act has not been tested before the trial Court or the High Court – Therefore, the civil Court’s jurisdiction cannot be said to have been ousted completely – Hence, the trial Court as well as the High Court committed error in rejecting the plaint u/Or.VII, r.11(d) – The judgment and decree of the Trial Court as well as the High Court are set aside and the suit is restored to file.
Judge	Hon'ble Mr. Justice V. Ramasubramanian
Neutral Citation	2021 INSC 486
Petitioner	Salim D. Agboatwala And Ors.
Respondent	Shamalji Oddhavji Thakkar And Ors.
SCR	[2021] 9 S.C.R. 103
Judgement Date	2021-09-17
Case Number	5641

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Salim D. Agboatwala and Ors. Vs. Shamalji Oddhavji Thakkar and Ors.

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Salim D. Agboatwala and Ors. Vs. Shamalji Oddhavji Thakkar and Ors.

Salim D. Agboatwala and Ors. Vs. Shamalji Oddhavji Thakkar and Ors.

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