Judgement

Consolidated Appeals (No. 8 of 1946), by special leave, from two orders of the High Court (January 27, 1942), the first setting aside in appeal an order of the Subordinate Judge of Ramnad at Madura (July 25, 1938), and the second setting aside in revision an order of the same Subordinate Judge (February 9, 1939)-

The substantial question for decision in these appeals was whether the respondent was an agriculturist within the meaning of the Madras Agriculturists Relief Act (Act IV of 1938), hereinafter referred to as the Act," but the appellant took a preliminary point that, assuming the respondent to be an agriculturist within the meaning of the Act, the orders of the High Court which were under appeal were incompetent and that this appeal should succeed on that ground.

The following facts relevant to the determination of that issue are taken from the judgment of the Judicial Committee. On September, 15, 1925, a final decree was passed in a mortgage suit, which was original suit No. 5 of 1921 on the file of the Subordinate Judge of Ramnad at Madura, in favour of the appellants or their predecessors in title against the predecessor in title of the respondent. (For convenien