BHAIYALAL Vs. KOMALBAI

JUDGEMENT

(1.) THE Judgment -debtors/petitioners have come up in revision feeling aggrieved by an order dated 30.3.92 of the Executing Court overruling their objections to the maintainability of an application for execution of the decree for specific performance of a contract for sale.

(2.) THERE are two contentions raised. It is submitted that the Executing Court should have taken note of the mandatory provisions of the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi -Dharkon Ka Udhar Dene Walon Ke Bhumi Hadapne Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam,1976 (Act No.3 of 1977), hereinafter referred to as 'Act No.3 of 1977' and should have directed the execution to be dismissed, the transaction between the parties being a 'prohibited transaction of loan'. It is also submitted that the Executing Court should have noticed the provisions of section 28 of the Specific Relief Act, 1963 and rescinded the contract.