Judgment

HIDAYATULLAH, J. : This appeal on certificate granted by the High Court of Andhra Pradesh, is directed against its judgment dated April 6. 1955, dismissing Civil Revision Petition No. 656 of 1950. The High Court held that the respondents were agriculturists within the Madras Agriculturists Relief Act, 1938 (called for brevity "the Act") and were entitled to a scaling down of the decree in O. S. No. 52 of 1941, dated August 27, 1945. The decree-holders are the appellants before us. We will now give the Facts relevant to the present appeal.

2. The respondents were members of an undivided Hindu family and the following genealogy is useful in following the facts :

Narasimha Rao had taken loans on promissory notes from the ancestors of the present appellants, and a suit was filed for Rs. 50,000 odd in 1941 against the family. That suit was O. S. No. 52 of 1941. In that suit, an application was made by the respondents claiming to be agriculturists, for the scaling down of the amount. The plaintiffs in the case denied that the defendants were agriculturists. The suit, however, ended in a compromise decree for Rs. 37,000 on August 23, 1945, as against the claim for Rs. 50,964-1-9. It