A VEERAYYA VANDAYAR Vs. SIVAGAMI ACHI

JUDGEMENT

(1.) This is an appeal from a judgment and decree of the High Court at Madras dated 13 November 1944, modifying a decree of the Court of the Subordinate Judge of Tanjore dated 18 July 1941.

(2.) The suit out of which this appeal arises was brought by Receivers appointed by the Court to collect the dues upon a mortgage bond dated 19 April 1926. The mortgage was executed by appellant 1, who was defendant 1 in the suit, on behalf of himself and his minor sons appellants 3 and 4, who were defendants 3 and 4, and by defendant 2 and members of his joint family who were defendants 5, 6 and 7. The suit, which was to enforce the mortgage, was commenced on 6 April 1937 and the plaintiffs who are respondents in this appeal, were the persons interested in the mortgage money. The defences originally raised are no longer relevant. On 22 March, 1938, the Madras Agriculturists' Relief Act, 1938 (Madras Act, IV

(4.) of 1938) (hereinafter referred to as "the Act") was passed with the object of giving certain relief to agriculturists as defined in the Act. The defendants filed supplementary written statements claiming relief under the Act. It was conceded that defendants 2, 5, 6 and 7 were agriculturists entitled to relief under the Act, and the principal matter in issue in the suit was, and the only question for determination in this appeal is, whether the appellants representing the other branch of the mortgagor family are also entitled to relief as agriculturists.