GOVINDASWAMI GOUNDAR Vs. RAMASWAMI GOUNDAN AND ORS.

JUDGEMENT

(1.) THE Letters Patent Appeals have been preferred against the Judgment of Panchapakesa Ayyar, J. in C.M.S.As. Nos. 91 and 92 of 1954. The subject -matter of C.M.S.A. No. 80 of 1955 arises out of the same proceedings as those out of which the other C.M.S.As. arose and is by the same appellant in the Letters Patent Appeals and hence all these have been heard together.

(2.) THE points arising in these appeals are simple and a few facts are necessary to be stated to appreciate how they arise. The judgment -debtor in O.S. No. 267 of 1947 on the file of the Sub -Court, Coimbatore, is the appellant in the three appeals before us. That suit was for recovery of money due on a promissory note executed on 26th September, 1944, which stipulated for interest at six per cent, per annum. The suit was filed on 25th September, 1947 and in the written statement filed by the appellant on 19th January, 1948, no objection was raised to the legality of the rate of interest charged in the promissory note. The suit was decreed on 10th February, 1948 and interest at six per cent, per annum being that stipulated for in the promissory note, was allowed. In execution of this decree the properties of the appellant were attached and brought to sale and were sold on 8th February, 1950, when they were purchased by a stranger to the suit. Petitions were filed for setting aside the sale on grounds which it is unnecessary to mention in detail in the view we have taken on the other points urged by the appellant before us but they were dismissed and the sale was confirmed on 19th December, 1952. Before the auction -purchaser obtained delivery of possession of the properties under the sale the appellant filed three applications all seeking relief under the Madras Agriculturists Relief Act, IV of 1938, which we shall refer to as the Act, and the three matters now before us arise out of them.

(3.) THE State Government by a notification, dated 29th July, 1947 reduced the maximum rate of interest exigible from agriculturists from 6 J per cent, per annum, as provided in Section 13 of the Act to 5