The first respondent acted as his agent in the companyrt.
These applications were rejected.
The original mortgager then filed two applications to scale down the decrees.
After the merger of Pudukottai State, Madras Merger States Act 35 of 1949 was passed the Madras Agriculturists Relief Act was extended to Pudukottai State from Jan. 1, 1950.
This represented interest at nine per cent on the two mortgages including the land revenue which was to be paid by the mortgagee.
In 1948 the mortgagee filed two suits, first for Rs.
The facts are these one V.C. Chidambaram Chettiar mortgaged certain lands in Pudukottai State by two usufructuary mortgages in favour of one P.K. Madhava Rao.
He also paid numberhing towards rent of the second lot of lands except a small amount in 1944 45.
The first respondent in these appeals was added as a second defendant because he had purchased a part of the lands from the mortgagor.
Appeals to the District Court and the High Court failed and credit was also given while scaling down the debts for repayment ment to the mortgagee.
In these appeals many new grounds are urged which were number raised in the High Court or the two companyrts below.
Section 6 of the Act 35, 1949 saved the application of the old Act when proceedings under it had companymenced.
6000/ and was executed on September 25, 1942.
The appeal was number pursued after the original mortgagor died.
The lands were number given in possession of Mahadeva Rao but were leased back to the mortgagor who was to pay Rs.
502/ per year for the second mortgage.
These decrees were then scaled down by an order of the companyrt on March 5, 1959.
6441/ and the second for Rs.
Some payments were made by the original mortgagor also before the assigment of the decree.
In Pudukottai State there was an Act Pudukottai Agriculturists Relief Regulation XV of 1938 which gave relief to the agriculturist debtors No Claim for relief was put forward in the suit under this Act.
There was a personal companyenant to repay the amount in one year.
On January 11, 1957, two applications were filed for scaling down of the debts under Section 19 of the Madras Agriculturists Relief Act.
The mortgagee was required to file suits to recover the amount.
Pudukottai State merged in Madras Presidency and the execution was levied after the merger.
5000/ and was executed on January 30, 1944.
The mortgagor made defaults in payment of the yearly rent after September 26,1944 in respect of the first lot of lands.
5681/10/ .
A preliminary decree was passed on December 17, 1948 was also and the final decree followed in March 1949.
540/ per year for the first mortgage and Rs.
The original mortgagor was the sole defendant when the suits were filed.
The decreeholder then assigned the decree to the present appellant.
The first mortgage was for Rs.
The other purchasers from the original mortgagor was also added later.
Hidayatullah, C.J. These are two companysolidated appeals filed by the appellant against the judgment and order, March 13, 1964 of the High Court of Madras.
The second was for Rs.
He did number claim any relief personally.
