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1941 Supreme(Mad) 178

WADSWORTH
Thiruvengadatha Aiyangar – Appellant
Versus
Sannappan Servai – Respondent


JUDGMENT

Wadsworth, J.

1. This civil revision petition raises the question whether Section 9 of Madras Act IV of 1938 applies to a debt incurred by an agriculturist after the commencement of the Act in discharge of an anterior debt incurred before the commencement of the Act. The debt in question is due on a promissory note dated the 2nd October, 1938 which discharged a prior promissory note dated the 1st October, 1935. The learned District Munsif has applied the proviso to Section 9 Clause (1) and has treated the debt as a renewal of an earlier debt upon which interest up to the 22nd March, 1938 is to be reduced to five per cent.

2. Section 9 in terms applies to debts incurred on or after the 1st October, 1932, and it does not say that the section shall not apply to debts incurred after the commencement of the Act, namely, 22nd March, 1938. But the scaling down machinery under this section has the effect only of reducing interest up to the date of the commencement of the Act, and from this it may reasonably be inferred that the Legislature did not intend the section to apply to those debts which had no existence before the last point of time up to which the scaling down under this se

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