CHAGLA, C.J. :- This is an appeal from a judgment of the Civil Judge, Senior Division, Thana, in a suit filed by the plaintiff under S. 15D, Dekkhan Agriculturists Relief Act, 1879. The plaintiff had executed two mortgages in favour of the defendant, one on 16th September 1943, for the amount of Rs. 1,00,000 and another on 18th December 1943, for the amount of Rs. 60,000. Some of the properties were situate in Bombay and some in the district of Thana. Both these mortgages were in the English form and conferred on the mortgagee the right to sell the property in the event of there being a default on the part of the mortgagor to pay the amount on the due date and also if a certain amount of interest remained in arrears. The defendant, as the mortgagor was in default, threatened to sell the mortgaged properties under his power of sale and advertised the sale in the papers. Thereupon the plaintiff filed a suit in the Thana Court under S. 15D claiming an account under the mortgage and asking for a declaration that he was an agriculturist and for a declaration of the amount due to the defendant at the foot of the account that might be taken with regard to the mortgage and also as