MALLADI SIVASANKARA SASTRY Vs. KANDURI VENKATA VARADACHARYULU

JUDGEMENT

(1.) The question for determination in this case is whether the decree-debt in original Suit No. 140 of 1940 is liable to be scaled down having regard to the provisions of Explanation I and IV to Section 8 of the Madras Agriculturists Relief Act, IV of 1938, which were inserted by the Amending Acts XXIII of 1943 and XXIV of 1950. That decree was based upon a mortgage bond executed by the respondents on 8-6-1925 in favour of one Seetharama Sastry then manager of a joint Hindu family consisting of himself and his brothers Purushottam, the deceased father of the present appellants 1 and 2, and Srimanarayana, late husband of the 3rd respondent. There was a partition in family on 2-3-1928. It was ascertained that by that date the money due under the mortgage bond amounted to Rs. 12,324-3-0. The debtors made, a payment of Rs. 10,000/- and there was an endorsement made on the bond in these terms:-

(2.) This endorsement was signed by Malladi Seetharamasastri as well as the mortgagors.

(3.) Another payment was also made on the same day and the endorsement relating thereto runs as follows:-