Judgment

G. K. MITTER, J.

( 1 ) THIS is an appeal by special leave against an order of the High Court of Madras dated 8/08/1959 reversing an order of the Subordinate Judge, Devakottai scaling down the decree passed in O. S. No. 33 of 1945.

( 2 ) THE facts necessary for the disposal of the appeal are as follows. The respondents, father made a deposit of Rs. 5,000 with the appellants father in 1926 repayable with interest at Rangoon Nadappu rate. A demand was made for re-payment on 1944 and a suit for recovery of the amount was filed on 16/03/1945. The trial court decreed the suit in the year 1946 for Rs. 11,459-14-0. The appellants father preferred an appeal therefrom to the High Court and pending disposal of the same deposited Rs. 3,500 in court on 16/04/1947. The High Court confirmed the decree on 14/09/1951. There is some dispute about the actual date but there is no contest that the appellants father deposited Rs. 11,098-10-2 to obtain stay of execution of the decree. On 20/08/1947 the court passed an order to the effect that the decree-holder would be allowed to draw out the amount on furnishing security. Although an Act styled. the Madras Agriculturists Relief Act, 1938 was pass