1. This appeal arises out 0f proceedings in execution of the decree in O.S. No. 1 of 1934 on the file of the Subordinate Judge of Rajahmundry. The appellant was the third defendant in the suit. The decree sought to be executed was a decree for sale of hypotheca. The appellant happened to be a purchaser of the equity of redemption. The preliminary decree is dated the 16th November, 1934, and the final decree was passed on the 16th March, 1936. The Madras Agriculturists Debt Relief Act was passed in 1938. The first execution petition was filed on the 16th December, 1937, and it was dismissed on the 22nd November, 1938. After the Madras Agriculturists Debt Relief Act was passed, this appellant (third defendant) filed a petition, I.A. No. 524 of 1938, for scaling down the decree on the ground that he was an agriculturist and so entitled to have the decree scaled down. The petition was ordered in his favour on the 3rd November, 1938. As the third defendant only was a party to the petition for scaling down, the, decree was scaled down only so far as he was concerned. Subsequently, the first defendant also filed a petition under Act IV of 1938 which was ordered on the 13th Decembe