MOHD KHASIM Vs. V RADHA KRISHNA SASTRY

JUDGEMENT

(1.) This Civil Revision Petition is directed against the order dated 9-3-1993 in E.P.No.20 of 1991 in O.S.Nd.29 of 1965 on, the file of the Additional Chief Judge, City Civil Court, Hyderabad.

(2.) The main submission made out on behalf of the petitioners is that in view of the Supreme Court judgment in Civil Appeal No. 1454-56 of 1993 dated 30-3-1993, the decree which is the subject-matter of the execution proceedings has become infructuous and, therefore, such a decree cannot be executed. The other submission made out on behalf of the petitioners is that the Government has no jurisdiction to allow any person holding excess vacant land to transfer the same to others under the guise of exemption granted under Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976, (hereinafter referred to as 'the U.L.C. Act') in view of the judgment of the Supreme Court in Vasudeva vs. State of Karnataka (1) 1993 (3) SCC Page 467.

(3.) In view of the above specific submissions it is necessary to trace out the background of the case to meet the contentions. Petitioners are the defendants in O.S.No.29 of 1965 filed for specific performance of an agreement of sale dated 21 -12-1963. The trial Court partly decreed the suit but rejected to grant the relief for specific performance of the agreement of sale. As against the said decree the plaintiff in the suit filed C.C.CANo.14 of 1972. On 26-10-1976 a Division Bench of this Court allowed the appeal ordering specific performance of the agreement of sale. The operative portion of the judgment and decree reads as under :