JUDGMENT

K. RAMASWAMY, J.:- Special leave granted.

2. This appeal by special leave arises against the order of the Gujarat High Court dated November 20, 1990 made in Special Civil Application No. 6852 of 1990. The appellants are the legal representatives of Naranbhai Marghabhai - the mortgagee. The respondents are the legal representatives of Dhulabhai Galbabhai - the mortgagor, agriculturist. The lands bearing survey No. 572/ 2 admeasuring 1 A.32 Gs. and survey No. 354 admeasuring IA.23 Gs. situated in Bhadra village in Kheda district were hypothecated by the mortgagor to the mortgagee. The mortgage is governed by the Bombay Agricultural Debtors Relief Act, 1947 for short "the Act". Under Section 31 of the Act the debt payable by an agriculturist shall be scaled down in the manner laid in the Act. The debt in excess thereof stands extinguished under Section 34. The amount of debt determined after scaling down is an award under Section 34 and shall be registered as prescribed under Section 38 if a charge of the debt has been created on the properties of the debtor. Under clause (iii) of sub-section (3) of Section 38 the award shall be executed as if the Court passed an order. Under S