GOKULDAS RAMA GAUDE Vs. V G QUENIUM

JUDGEMENT

(1.) Heard learned Counsel on both sides. By consent of the learned Counsel for the parties, this revision application is taken up for final disposal.

(2.) This revision challenges the order passed by the Civil Judge, Sr. Division, Bicholim in Execution Application No. 3/05/a whereby the objection to the execution of the decree was raised. The respondents obtained the decree of specific performance of the agreement dated 5-7-1996. By this decree, the applicants herein are directed to execute the sale deed in favour of the respondents in respect of the land bearing survey No. 50/1 of Village Sonus Vonvoliem.

(3.) The undisputed facts are that by conveyance dated 6-10-1995, the suit land was purchased by the applicants from the original landlord. It is, thereafter, that they entered into the suit agreement of sale with the respondent for selling the suit property for consideration. Eventually, the decree was passed against the applicants. That decree has become final. It is, thereafter, that the execution application was filed by the respondents for executing the decree. It is in that execution application, that the applicants filed an application raising objection that the decree cannot be executed. The main grounds were that the land was an agricultural land; that the father of the applicants was the tenant of the land and thereafter, had become the deemed tenant by virtue of the provisions of Section 18-A of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 on the tillers day i. e. 24th April, 1976. On these grounds, it was objected that the decree cannot be executed.