DASARI JANAKIRAMAYYA Vs. NUNE RANGANAYAKAMMA

JUDGEMENT

(1.) The only question in this revision is whether the debt due to the respondent is exempted under Section 4(h) of the Madras Agriculturists Relief Act (Act 4 of 1938).

(2.) The facts are simple and are not in dispute. The first petitioner and his father executed a promissory note Ex. B 1 dated 25-4-1929, in favour of one Subbarayudu for a sum of Rs. 200. After some renewals of the debt in favour of Subbarayudu and after his death, petitioners executed a promissory note dated 16-2-1936 for a sum of Rs. 378-4-6 in favour of Perindevamma, wife of Subbarayudu. On 21-2-1926, Subbarayudu executed a Will, whereunder Perindevamma was given a life-estate in all his properties and the vested remainder was given to his daughter, Ranganayakamma, the respondent herein. Though the definite date of the death of Perindevamma is not known, it is clear from the evidence that she died only subsequent to 24-7-1938. Ranganayakamma filed S. C. No. 154 of 1944 on the file of the Court of the Subordinate Judge of Guntur for recovery of the amount due under the promissory note and obtained a decree therein. The petitioners filed an application under Section 19 of the Act for pealing down the debt. The learned Subordinate Judge held that the petitioners were agriculturists but they were not entitled to have the debt scaled down as the debt was due to Perindevamma, a woman, on 1-10-1937 and the valuo of her life estate did not exceed Rs. 6000. He dismissed the petition. The petitioners have filed the above revision against that order.

(3.) The learned Counsel for the petitioners contended that Perindevamma was only a life-estate holder and, therefore, only that portion of the debt, which she could appropriate for herself as a life estate holder, is only liable to be exempted. The relevant provision of Section 4 reads :