This appeal is by the first defendant in the suit O.S. No. 97 of 1959, Sub-Court, Vellore objecting to the preliminary decree passed against him on foot of a mortgage admittedly executed by him. The objection relates only to the interests payable and is based upon the fact that he is an agriculturist entitled to relief under Madras Act IV of 1938.

The two defendants in the suit (the appellant and the second defendant) executed two simple mortgages for Rs. 7,900 and Rs. 9,000 on 19th February, 1953 and 7th April, 1953 respectively. On the date of the first mortgage a portion of the hypotheca was leased to the plaintiff-mortgagee. The mortgage bonds stipulated that interest should be paid at twelve per cent. per annum. There are covenants in the two mortgages authorising the mortgagee to deduct the interest payable as per the terms of the mortgage from the lease amount due from the mortgagee to the mortgagors. These covenants have been fully set out in the judgment of the learned Principal Subordinate Judge and they need not be set out over again in this judgment. The plaintiff’s case is that as per the authorisation in the two mortgages, Exhibits A-1 and A-2, she has be