1. In this appeal which is directed against an order passed by the Subordinate Judge, Cochin, denying relief to the appellant - the judgment-debtor, under the Kerala Agriculturists' Debt Relief Act, 1958, or shortly the Act, the two questions which arise are, whether the appellant is an agriculturist, and whether the judgment-debt is a debt, within the meaning of the Act. We are of the opinion, that this appeal must fail on the decision of the first question.

2. On the arguments addressed to us, the first question must depend on, whether a plot of land, 16 cents in extent, on which seven cocoanut trees and one bread-fruit tree are standing, and in which a residential building occupied by the appellant, is situated, is "agricultural land" within the meaning of S.2 (a) of the Act. The Subordinate Judge has found, that the land is in an important residential locality in Fort Cochin, capable of fetching a monthly rent of Rs. 125/-, while the yield from the trees, would not be more than 8 1/3 rupees per mensem; this finding was not disputed. It cannot therefore be doubted, that the land has a residential value more than anything else, and is used accordingly.

3. The definition