Following substantial question of law was recorded by my learned brother earlier in this appeal :–

“Whether in the facts and circumstances of the present case, the question of limitation could be decided as a preliminary issue when Section 304 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 would make it explicit that the suit is required to be filed within six months from date of accrual of the cause of action and that in the present case the accrual of the cause of action as on effecting auction of the house property or on receiving of knowledge by the plaintiffs as claimed by them and whether without recording of evidence. Such issue could be decided by the trial and the first appellate Court ?”

2. The appellants were plaintiffs. Their case was as under.

3. One Dagdabai was their ancestor. She was owner of the suit house which is situated within the local limits of Municipal Council, Jalgaon, Dagdabai, probably did not pay property tax, and so, in March 1968, the suit house was attached by the Municipal Council. On 4th July, 1968, the Municipal Council offered the suit house to public at large in an auction sale. The house was sold