This second appeal raises a question in regard to the applicability of section 9 of the Madras Agriculturists’ Relief Act (hereinafter referred to as the Act) to debts incurred after the Act came into force.

The facts are simple and are not in dispute. The defendant executed a promissory note Ex. P-1, dated 5th January, 1943, in favour of the plaintiff for a sum of Rs. 1,024-6-0. The prior promissory notes, which culminated in Ex. P-1, are as follows:

Ex. P-2 dated 7-1-1940.

Ex. P-3 dated 9-1-1937.

Ex. P-4 dated 11-1-1934.

The consideration for the earliest promissory note was Rs. 500. It will be seen from the aforesaid dates that the original debt was contracted after 1st October, 1932, and that Exs. P-1 and P-2 were executed subsequent to the Act, i.e., 22nd March, 1938. The plaintiff filed O. S. No. 22 of 1946 on the file of the Court of the District Munsiff, Ongole, for recovery of a sum of Rs. 1,024-6-0 due under the promissory note Ex. P-1 with subsequent interest at 9 per cent, per annum. The defendant pleaded that he is an agriculturist and that the debt should be scaled down under the Act. He also contended that though Exs. P-1 and P-2 were executed subsequent to the