Judgment

SUBBA RAO, J. :

This appeal by certificate raises the question whether a decree obtained in a suit to enforce a debt incurred after the Madras Agriculturists Relief Act, 1938 (Act 4 of 1938), hereinafter called the Parent Act came into force could be scaled down under S.13 of the Parent Act.

2. The facts are as follows : On February 15, 1945, the appellant and 4 others executed a mortgage deed in favour of Kaverlal Chordia for a sum of Rs. 2,00,000/- payable after three years with interest at 9 per cent per annum. On January 24, 1946, the mortgagee assigned the said mortgage in favour of the respondent. Certain payments towards principal and interest were made thereunder. On February 28, 1950. the assignee-mortgagee i.e., the respondent, filed a suit, O. S. No. 55 of 1950, in the Court of the Subordinate Judge, Nilgiris, Ootacamund, for the recovery of Rs. 1,98,487-8-0, made up of Rs. 1,50,000/- for the balance of the principal and Rs. 48,487-8-0 for interest due on the mortgage. The suit ended in a compromise dated December 21, 1950, under which a decree was passed for Rs. 1,50,000/- on account of principal, with interest and further interest at 9 per cent per annum and cos