Venkatarama Aiyar, J.-

This Civil Miscellaneous Second Appeal arises out of an application filed by the respondent under section 9-A, and section 19 of the Madras Agriculturists’ Relief Act IV of 1938, for scaling down two usufructuary mortgages executed in favour of the appellant. The first of them was on 4th September, 1921, and for a sum of Rs. 2,500. It was executed by the respondent and his brother, Velayutha Thevar, both being members of a joint undivided Hindu family. The second mortgage is dated 29th November, 1932, and is for a sum of Rs. 200. On 17th May, 1944, Velayutha Thevar executed a settlement deed, Ex. B-1, conveying his undivided half share in the joint family properties to one Ramanatha, the son of his brother, Karuppiah Thevar. Ramanatha was a minor on the date of the transaction and he was represented by his father Karuppiah Thevar as his guardian. The appellant filed O.S. No. 48 of 1946, on the file of the Court of the District Munsiff, Pattukottai, to enforce the mortgage, dated 4th September, 1921. The suit was decreed. Under the provisions of the Madras Agriculturists’ Relief Act as they stood at that time, the usufructuary mortgages were not liable to be sc

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