The material facts may be stated. The first respondent for himself and as guardian of his minor sons, executed a mortgage deed dated the 10th August, 1946 in favour of the appellant for a sum of Rs. 5,000 with interest at nine per cent per annum. The consideration for the mortgage deed was made up of the following items:

(1) a sum of Rs.2,892 due on a promissory note executed by the first respondent on 8th December, 1935.

(2) a sum of Rs.70 taken for the purchase of stamps;

(3) a sum of Rs.1,000 paid for discharging the debt due on a promissory note, dated 28th December, 1925 executed by the first respondent in favour of one Vinnakota Yellamraju; and

(4) a sum of Rs.1,038 received for discharging the promissory note, dated 24th April, 1935 executed by the first respondent in favour of one Mallina Rattamma.

The promissory note, dated 8th December, 1935 was in renewal of other promissory notes, the earliest being of the year 1929. On 1st October, 1942 the first respondent paid an amount of Rs. 2,790 specifically toward interest. He filed an application in the Court of the Subordinate Judge of Ellore under section 19-A (1) of the Madras Agriculturists Relief (Amending) Act, XV of 1943 for

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