Subba Rao, J.-This appeal raises an interesting point of law under the Madras, Agriculturists’ Relief Act, namely, whether a debtor could get a refund of the excess, amounts paid by him to the creditor subsequent to 1st October, 1937. The facts are fully and accurately stated in the judgment of the lower Court and it is not necessary to restate them except to the extent necessary for appreciating the point of law raised in the appeal.

Gopalaswami Naidu (the first defendant) executed a mortgage dated 1st October, 1918, for a sum of Rs. 1,900 in favour of Muthia and Subramania. The plaintiffs 1 and 2 are the sons of Muthiah. Plaintiffs 3 to 6 are the sons. of Subramania. They instituted O.S. No. 45 of 1934 on the file of the Court of the Subordinate Judge of Ramnad at Madura to enforce the said mortgage along with another mortgage with which we are now not concerned and obtained a preliminary decree on 25th January, 1936. The final decree was passed on 31st March, 1937. The decree-holders brought some of the mortgaged properties to sale in execution of the said decree in E.P. No. 60 of 1940. Some of the items of the mortgaged property were sold on 19th January, 1942, and a sum