Govinda Menon, J. - The question that arises in this Civil Revision Petition is one regarding the applicability of section 13 of the Madras Agriculturists’ Relief Act (Act IV of 1938). As it is an important one, the matter has come up for decision before the Bench.

On and April, 1944, the defendant executed a promissory note in favour of the plaintiff for a sum of Rs. 200 agreeing to pay interest at 12 per cent. per annum. On 13th March, 1947, there was a payment of Rs. 70 endorsed on the promissory note, and expressly stated to be towards the interest due. Similarly on 8th June, 1949, another payment of Rs. 30 towards the interest was made, and there were further payments of Rs. 35 on 23rd February, 1950 and Rs. 50 on 1st September, 1952, towards interest as such. Appropriating these payments towards interest, the plaintiff brought the suit for recovery of Rs. 233-5-0 which according to him constituted the principal and balance of interest at the contract rate.

The contention of the defendant was that the payments already made should be appropriated in the manner contemplated under section 13 of the Act that is to say, the rate of interest should be only 5½ per cent. as contemplated

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