Judgement

HEGDE, J.:- This is an execution appeal by special leave. In common with many other execution appeals, it has a long history. This litigation started as far back as in the year 1955.

2. The two contentions urged before us are: (1) that the decree under appeal does not include the properties concerned in this appeal and (2) having regard to the occupancy certificates issued under the Saurashtra Land Reforms Act, 1951 (to be hereinafter referred to as the Land Reforms Act), it was not open to the decree-holder to ask for possession of some of the lands concerned in this appeal.

3. Leaving aside unnecessary details, the facts relevant for deciding the aforementioned contentions may now be stated:

4. The father of respondent No. 1 Khodaji Mansangi applied to the Court of Civil Judge, Senior Division, Surendranagar under S. 4 of the Saurashtra Agricultural Debtors Relief Act, 1954 (to be hereinafter referred to as Debtors Relief Act) for adjustment of his debts. To that petition he made all his creditors including Malek Alladatkhanji and the heirs of the deceased Hanifa Begum, wife of Malek Alladatkhanji parties. He sought adjustment of not only debts incurred by him but also th