Patanjali Sastri, J.

1. The question raised in this appeal is whether a mortgagee who sues to enforce his mortgage is entitled to a decree for the whole amount due under the mortgage against a non-agriculturist Court auction purchaser of the equity of redemption when the agriculturist mortgagor claims to have the debt scaled down under the provisions of the Madras Agriculturists Relief Act. The appellant brought the suit out of which this appeal arises in August, 1937, for recovery of Rs. 8,500 by the sale of the mortgaged properties on foot of a mortgage executed by the managers of the joint family of respondents 1 to 8 (hereinafter referred to as the mortgagors) for Rs. 5,000 on 29th October, 1931. Respondents 9 to 11 are subsequent encumbrancers in respect of one of the properties comprised in the mortgage, and respondent 12 is the purchaser of all the properties subject to the mortgage in execution of a decree for money obtained by a third party against the mortgagors. While the suit was pending, the Madras Agriculturists Relief Act came into force on 22nd March, 1938, and the mortgagors were allowed to file an additional written statement on 4th August, 1938, raising th