NADIMPALLI SITARAMARAJU Vs. KORALLA SATYANARAYANAMURTHI

JUDGEMENT

(1.) THIS is an appeal against the decree made by the learned Subordinate Judge's Court of Kakinada pursuant to an order made by it under Section 19A (4) of the Madras Agriculturists Relief Act.

(2.) THE facts are simple. The Appellants are the mortgagors and the Respondents are the mortgagees. The mortgagors filed an application in the Court of the Subordinate Judge of Kakinada under Section 19A(4)(a) of the Madras Agriculturists Relief Act on the ground that they were agriculturists, and for declaring the amount due by them to the, Respondents. The Subordinate Judge held that the' Appellants were agriculturists and also declared the amount due by them after applying the provisions of the Madras Agriculturists Relief Act. Subsequently on the basis that declaration, the creditors, paying Quirt -fee, applied for the passing of, a decree under Section 19A (5) of the Act. At that stage, the Madras Agriculturists Relief Act was amended AXXIII of 1948, and under the provisions of Act, the Appellants it is alleged, would be entitled to further reduction of the debt.