1. The question of law on which this appeal was admitted reads:

"Whether or not Cochin Act XVIII of 1114 is impliedly repealed by the subsequent enactments in force in Kerala on the subject of relief to agriculturist-debtors."

In view of the importance of the question a learned judge before whom the appeal came for hearing in the first instance referred it to a Bench. The first defendant-respondent joined a kuri conducted by the plaintiff-appellant, bid his ticket at the 8th draw and on receiving the prize executed a bond Ext. Al dated 7-11-1966 to secure the due payments of the future instalments. However he committed default from the

10th instalment. The plaintiff brought the suit for recovery of the defaulted instalments with interest at 12 per cent per annum from the date of default. So far as material the contentions raised by the first defendant were that the interest claimed in the plaint was excessive and that he was entitled to the benefits under the Agriculturists Debt Relief Act.

2. The learned trial judge held that even if the first defendant was an agriculturist within the Kerala Agriculturists Debt Relief Act, 1970 the Kerala Act still the Act had no applicat