Rajamannar, C.J.†-There can be no doubt that there are two decisions of two Division Benches of this Court taking different views on the main question which arises in this appeal. The two decisions are Ramalakshmi v. Gopalakrishna Rao1, and Srinivasa Rao v. Abdul Rahim Sahib2. The learned Judges, in the latter case, were inclined to the view that the decision in the earlier case was considerably shaken by certain observations in a subsequent Privy Council case. Even if that be so, the proper course would be to refer the question for decision by a Full Bench, and this is referred accordingly.

The Appeal then came on for hearing in pursuance of the above order of reference before the Full Bench (Rajamannar C.J., Ramachandra Iyer and Ganapatia Pillai, JJ.)

The Judgment of the Court was delivered by

Ramachandra Iyer, J.‡-This appeal which is directed against the decree in O.S. No. 154 of 1951 on the file of the Sub-Court, Tirunelveli, raises a question under section 13 of the Madras Agriculturists Relief Act (IV of 1938). The defendants in the suit which was laid for recovery of Rs. 20,000 are the appellants. On 2nd December, 1943, they as borrowers began certain monetary dealings with th

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