SUBBA RAO, C.J. :- This is a Letters Patent Appeal against the judgment of our learned brother Viswanathasastry J.

2. The facts are not in dispute and they may be briefly stated. The appellant sued the respondent for recovery of a sum of Rs. 1330/- on the foot of a promissory note dated 14-8-1948 for a sum of Rs. 1050/- repayable with interest at the rate of 9 per cent per annum. That promissory note was executed in renewal of a prior promissory note dated 14-3-1945. The Court below held that there was no proof of the earlier borrowing than that evidenced by the promissory note dated 14-3-1945. Though the earlier promissory note was not produced the courts below fixed the principal of that promissory note by working back and deducting from the sum of Rs. 1050/- due under Ex. A-1 interest over the statutory rate of 5½ per cent included therein and gave a decree for that amount with subsequent interest at 6¼ per cent per annum from 14-3-1945 till 29-7-1947 and at 5½ per cent from the latter date. It was contended before Viswanatha Sastri J. that, as the suit promissory note was executed after the Madras AgriculturistsRelief Act (hereinafter referred to as the Act) came into f