SUBODH CHANDRA BANERJI Vs. JWALA PRASAD

JUDGEMENT

(1.) This is a defendant's appeal. The Jwala Bank Limited through its local Manager filed a suit for recovery of Rs. 21,223 on the foot of a mortgage dated 4 January 1936, executed by the defendants. Among the other pleas that were taken in defence was the plea that the defendants were agriculturists and wore entitled to the benefit of the U.P. Agriculturists Relief Act, XXXVII

(27.) of 1934, and the U.P. Debt Redemption Act, XIII

(13.) of 1940. The lower Court held that the defendants were not entitled to the benefit of the Agriculturists Relief Act or the Debt Redemption Act, and decreed the plaintiff's suit for Rs. 11,782-8-4, and dismissed the rest of the plaintiff's claim. The plaintiff has submitted to the decree but the defendants have filed this appeal. It is urged on their behalf that they were agriculturists and were entitled to the benefit of the U.P. Agriculturists Relief Act.