JUDGMENT :

1. The question for determination in this case is whether the decree-debt in Original Suit No. 140 of 1940 is liable to be scaled down having regard to the provisions of Explantions I and IV to Section 8 of the Madras Agriculturists Relief Act, IV of 1938, which were inserted by the Amending Acts XXIII of 1948 and XXIV of 1950. That decree was based upon a mortgage bond executed by the respondents on 8-6-1925 in favour of one Seetharama Sastry then manager of a joint Hindu family consisting of himself and his brothers Purushottam, the deceased father of the present appellants 1 and 2, and Srimanarayana, late husband of the 3rd respondent. There was a partition in the family on 2-3-1928. It was ascertained that by that date the money due under the mortgage bond amounted to Rs. 12,324-3-0. The debtors made a payment of Rs. 10,000/- and there was an endorsement made on the bond in these terms:—

“Out of the Rs. 12,324-12-0 being the principal and interest due under this document upto this day, the amount which is payable to the share of myself viz., Malladi Seetharama Sastri in the family partition among our brothers is Rs. 5042-11-6 whereof an amount of Rs. 84-11-6 was given