1 32sa471 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION SECOND APPEAL NO.471 OF 2011 Hamidabi Faizoddin Kazi ...Appellant vs. Jagannath Baba Jadhav & Ors. ...Respondents Mr.Shrishail Sakhare for the appellant None for the respondents CORAM : A.S.OKA,J. DATE : NOVEMBER 29, 2011 P.C.: 1 Heard the learned counsel for the appellant. The appellant is the original plaintiff. The appellant filed a suit for declaration that certificate under section 32(M) of the Bombay Tenancy and Agricultural Lands Act,1948 was illegal and not binding on him. By the impugned Judgment and Decree, the Trial Court rejected the plaint by holding that bar of section 85 of the said of 1948 is attracted. The Appeal preferred by the appellant has been dismissed. 2 The learned counsel for the appellant submitted that the impugned order of rejection of the plaint has been passed long after the issues were settled. He submitted that an application was made by the appellant for reference to the Agricultural Lands Tribunal which came to be erroneously rejected. He submitted that the finding of the Trial Court that 2 32sa471 the said Court has no jurisdiction is completely erroneous. 3 It is not in dispute that the certificate under section 32­M of the said Act of 1948 was issued in the name of the original defendant Jagannath Baba Jadhav. On perusal of the plaint it appears that there is no pleading that the order passed of issuing the certificate or the certificate were null and void. Therefore, the Trial Court has rightly invoked the bar of suit under section 85 of the said Act of 1948. The prayer for rejection of the plaint can be considered at any stage of the proceeding. 4 Therefore, there is no reason to interfere with the concurrent findings of fact recorded by both the Courts below. No substantial question of law arises. Second Appeal is dismissed with no order as to costs. JUDGE