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1942 Supreme(Mad) 297

PATANJALI SASTRI
Pazhaniappa Mudaliar – Appellant
Versus
Narayana Aiyar – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This appeal arises out of a suit brought by the respondents 1 to 3 (hereinafter referred to as the respondents) who were carrying on business as bankers, for recovery of the balance due to them on account of dealings had with the appellants. The dealings are said to have commenced in or about 1903 and though there were payments by the appellants from time to time, it would appear that their account was largely overdrawn during most of the period. The main contention of the appellants in the Court below--and their sole contention before us--was that they were "agriculturists" within the meaning of the Madras Agriculturists Relief Act, 1938, and as such were entitled to the benefits thereof, and that if the debt due to the respondents was scaled down in accordance with the provisions of that Act, practically nothing would be found payable in respect of the debt. It is not disputed that the appellants are agriculturists as that term is defined in the Act, but their contention that all the accrued interest should be deemed to be discharged, and that the payments made from time to time should be applied in reduction of the principal sums advanced by the re















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