The Limitation Act applies to execution claims under the B.A.D.R. Act, determining enforceability based on time constraints.

1. The applicants herein were the opponents in B.A.D.R. Darkhast No. 5/70 which was filed in the Civil Court (J.D.) at Kalol. For the reasons stated in his order dated 30th April, 1976, the learned Civil Judge held, inter alia, that the execution application was time - barred and consequently he dismissed the same application for execution.

2. Being aggrieved by that order, the original judgment - debtor, who was the applicant in Darkhast No. 5/70, filed Reg. Civil Appeal No.103/76 in the Court of the learned Assistant Judge at Mehsana. The learned Assistant Judge, by his order dated 16-12-1977 allowed the appeal of the original judement - debtor and set aside the order of the learned Civil Judge (J.D.) by which he had dismissed the Execution Application and the learned Assistant Judge directed the learned Civil Judge (J.D.) to proceed with the execution proceedings.

3. Being aggrieved by that order of the learned Assistant Judge, the original judgment creditor who was opponent in Darkhast bearing No. 5/70, has preferred this Civil Revision Application.

4. The facts which led to the filing of the execution proceedings by the opponents herein may briefly be stated as follows : -
The deceased Khodabhai Shivabhai and deceased Keshavlal Shivabhai and Vithaldas Shivabhai (now deceased) were the original debtors and they had led an application under the Bombay Agriculture Debtor's Relief Act, 1947 (hereinafter referred to as "B.A.D.R. Act") before the B.A.D.R. Board which was numbered as 1269/50 (2269/50?) and Index No. 4531/50 against their creditors, one Patel Harjivandas Shankerdas of Paliad and the present applicants Patel Shambhubhai Motidas, and one Patel Nathubhai Motidas, who is since deceased and is represented in this application by his legal heirs and representatives. I may in passing note on the basis of the submissions made before me by Mr. Jasani, the learned advocate for the applicants, that after the award was passed by the B.A.D.R. Board, Patel Harjivandas Shankerdas of Paliad had settled with the original judgment - debtors so far as he was concerned and therefore thereafter he is not a party to the subsequent proceedings. The B.A.D.R. Board scaled down the claim of the present applicants from Rs. 4700/- to 4200/- and the debtors were granted annual instalments of Rs. 525/- and the first instalment was to be paid on Vaisakh Sud 3 of S.Y. 2010 and the remaining annual instalments were to be paid by them on every Vaisakh Sud 3 of the succeeding years and it was further ordered that the creditors shall hand over the possession of the mortgaged land to the debtors within one month of the payment of the first instalment. The Board also ordered that if the debtors failed to pay any instalment in the prescribed period of time, they should pay four per cent interest from the date of default. As observed above, the debtors sold out the agricultural lands which were in the hands of Patel Harjivandas Shankerdas thereafter, and did not pay any instalment to the creditors, the present applicants. The mortgaged lands were kept under a charge. It is submitted by the present applicants that on the debtors' failure to pay any instalment, the creditors, the applicants herein, had filed execution proceedings for recovering Rs. 1575/-, being the arrears of instalments for three years, but the further execution proceedings were withdrawn as the debtors informed them that they did not intend to execute the award to take possession of the mortgaged land. It is further submitted that the debtors had filed application in the year 1969 for the execution of the award but it was dismissed for default and then the Darkhast bearing No. 5/70 was filed