P.D.DESAI, D.P.DESAI, B.K.MEHTA, B.J.DIVAN, A.D.DESAI
RAMANBHAI TRIKAMLAL – Appellant
Versus
VAGHRI VAGHABHAI OGHABHAI – Respondent
( 1 ) THE question that has been referred to this Full Bench is as follows :"whether the ratio of the decision of the Full Bench of this Court in Civil Revision Application No. 517 of 1970 decided on 27-1-1977 (since reported as Zabuben Derji v. Mansukhlal Bhagwandas 19 G. L. R. 32 is affected by the decision of the Supreme Court in A. I. R. 1977 S. C. 282 (Kerala State Electricity Board v. T. P. Kunhaliumma)" ?the facts giving rise to this Special Civil Application may be shortly stated: These proceedings arise out of an execution application filed for the execution of an award in Bombay Agricultural Debtors Relief Act Application No. 2832 of 1949. This award was made on July 19 1951 Under the award the judgment-debtor had to pay an aggregate amount of Rs. 3651 by seven yearly instalments of Rs. 525. 00 each. The first instalment was to be paid on or before Vaisakh Sudi 2 Samvat Year 2008 and the subsequent instalments were to be paid on Vaisakh Sudi 2 of every year thereafter. The last instalment which was to be less than Rs. 525. 00 was to be paid on Vaisakh Sudi 2 of Samvat Year 2014. It was also directed by that award that the judgment-debtor had to pay interest
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