The suit seeks declaration of ownership of the Plaintiffs and Defendant No.3 of a plot of land and challenges acquisition of the plot by the State Government under the Maharashtra Slum Areas Act, 1971 as vitiated by fraud and prays for directions to the State to restore possession of the plot to the Plaintiffs and Defendant No.3.

2. By an order dated 5 December 2011, and as amended by an order dated 4 January 2016, the following issue was framed as a preliminary issue, on the application of Defendant No.5.

“(a) Whether Defendant No.5 proves that the present suit is barred by virtue of Section 42 of the Maharashtra Slum Areas (Encroachment and Improvement) Act 1971?”

The parties have chosen not to lead any evidence and instead argued the preliminary issue on the pleadings and admitted documents on record. (By a Notice of Motion, Defendant Nos.4 and 5 sought leave to lead evidence on the preliminary issue. By an order of 8 December 2015, that application was rejected by this Court, holding inter alia that the questions involved were pure questions of law and parties had agreed to argue the matter on the basis of the averments in the plaint and provisions of law.) This order di