This appeal arises out of an application under section 19 of the Madras Agriculturists’ Relief Act (IV of 1938) for ascertaining the amount due to the petitioner as scaled down according to the new provisions, inserted by section 25-A of the Act. The learned Subordinate Judge has found that though the amount has to be ascertained in accordance with the provisions of the Act the payment of Rs.3,740 on 6th December, 1941, should not be taken into consideration only as payment towards interest due. Hence this appeal.

On 26th May, 1935, the appellant executed a simple mortgage in favour of first respondent for Rs.6,000 with interest at 10 annas per mensem compoundable Once in three years. While the mortgage was subsisting on 6th December, 1941, the appellant paid a sum of Rs.3,740 and made an endorsement of that payment on the document which is marked as Ex. B-1 (a), and it is in the following terms:

“6th December, 1941. Towards the interest due under this deed of mortgage without possession the amount paid in cash this day through Deeari Kotayya in the office of the Sub-Registrar is Rs.3,740 (three thousand seven hundred and forty rupees).”

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