JUDGMENT :

1. This revision application is by the defendant against whom a decree has been passed for the sums due on the suit promissory note.

2. The promissory note was executed on 17th February, 1950, for Rs. 1,000 and bears an endorsement marked as Exhibit A-1 (a) for Rs. 5 as on 1st January, 1953. The plaintiff filed a suit to recover the principal and interest totalling to Rs. 1,700. The defendant pleaded that he was an ‘agriculturist’ and that the payment, totalling to Rs. 500 made by some Mulakala people should go in discharge of this promissory note. The learned Subordinate Judge held against the defendant on both these points. Hence the revision petition.

3. The contention of the defendant has been that, as he was cultivating some lands in accordance with the permission granted by the Collector, West Godavari, he should be deemed to be an ‘agriculturist’ for the purpose of the Madras Agriculturists Relief Act (IV of 1938). The definition of ‘agriculturist’ is contained in sub-section (ii) of section 3 of the Act, which may be usefully extracted:—

“Agriculturist means a person who—

(a) has a saleable interest in any agricultural or horticultural land in the State of Madras,