SUNDARAM Vs. VARADAIYAR

JUDGEMENT

(1.) THIS appeal is directed against the fair order and decretal order passed by learned Subordinate Judge of Salem in I. A. No. 604 of 1973 in O. S. No. 256 of 1970 on his file.

(2.) THE appellant is the second petitioner/ second defendant in I. A. No. 604 of 1973 in the court below. THE respondent/plaintiff obtained a mortgage decree against the appellant and his father in O. S. No. 256 of 1970. I. A. No. 604 of 1973 is an application by the appellant and his father under Sec. 15 of the Tamil Nadu Debt Relief Act 38 of 1972 to amend the decree by scaling down the debt in accordance with the provisions of that Act. He claimed that under the provisions of the said Act he was not liable to pay interest at more than 9% per annum. THE respondent disputed the status of the appellant as debtor within the meaning of the said Act. He further pleaded that there was no decree subsisting on the date of the application to be scaled down since it had worked itself out by the recording of full satisfaction on 23. 3. 1973 itself by the executing court. THE court below upheld the contention of the respondent and negatived the claim for scaling down by the judgment-debtor.

(3.) IN the result, the appeal is dismissed. No cost. ffa .