A S DURAISWAMY MUDALIAR Vs. MUHAMMAD AMIRUDDIN

JUDGEMENT

(1.) This is an appeal by the judgment-debtors, defendants 1 and 2 in O.S. No. 500 of 1930 on the Original Side of this High Court against a udgment of Kunhi Raman, J., rejecting their application to scale down the decree debt against them. They sought to apply the provisions of Section 8(1) of the Madras Agriculturists Relief Act, 1938, which says in effect that all interest on a decree debt outstanding on the 1 October, 1937, shall be deemed to be discharged on that date, when a debt is being scaled down under the provisions of the Act.

(2.) The decree in question was passed on the 10 April, 1931, and by consent a sum of Rs. 36,300 together with Rs. 600 for costs was agreed to be due. The judgment-debtors in the years which followed endeavoured to pay off some of their liabilities and paid on one occasion Rs. 15,000, which payment was certified and in respect of which part satisfaction was duly recorded. Later on Rs. 10,000 was paid, and again, the same formalities were complied with. Eventually, execution was taken out by the decree-holder, and realised Rs. 954-14-0 for which also part satisfaction was recorded on 23 February, 1935. Then, on the nth September, 1937, a further payment of Rs. 5,400 was made, but under circumstances to which the only guide available is a receipt given by the decree- holder. It was not a certified payment, nor was any part satisfaction recorded. In the receipt, so far as it is relevant, the decree-holder acknowledges payment of " Rs. 5,400 only, being part payment in respect of decree debt in C.S. No. 500 of 1930... and I agree to exonerate the 3 defendant... alone from his liability in respect of the said decree."

(3.) It is conceded that on that date there was still a sum of some Rs. 15,000 due by the present appellants.