1. This appeal which is from the decree in a suit for money under a simple mortgage relates only to the question of costs. The appellants who were defendants in the suit contend that the Court below erred in allowing the plaintiff his costs and disallowing the costs of the defendants. The contention is based on S.3 (2) of the Kerala Agriculturists Debt Relief Act, XXXI of 1958, as amended by Act II of 1961. Act XXXI of 1958 came into force on 14 71958 and the suit was filed on 11111958, i. e., before the expiry of six months from the commencement of the Act. S.3 (2) provides:

"Where a creditor files a suit for recovery of a debt before the expiry of six months from the commencement of this Act or after the agriculturist has paid or deposited the sums and instalments specified in S.4 and, during the period when he is so entitled to pay, the Court shall in decreeing the suit direct the plaintiff to bear his own costs and to pay the costs of the defendant who is an agriculturist, except in cases where the claim would have been barred by limitation had no such suit been filed or when a debt is jointly due from an agriculturist and non-agriculturist:

Provided that nothing cont