WADSWORTH
Shahool Ameeth Ali – Appellant
Versus
Dayaram Singh alias Jayaram Singh – Respondent
Wadsworth, J.
1. The petitioners pray for the revision of an order of review. There is no doubt about the facts. The question before the lower Court was whether the respondents were entitled to relief under Madras Act 4 of 1938 in respect of certain mortgage debts. The decision of that question depended upon the further question whether the mortgage debts were advanced on security of house property situated within a panchayat which was a union before 26th August 1930 under Section 4(d) of the Act. The advocate for the debtors wrote a letter to the Inspector of Local Boards which is not before me, to which the reply was that the "Brahmana Periya Agraharam Panchayat Board was constituted in this office R. Dis. No. 925 of 1929 dated 19th December 1929." Acting on this letter the debtors came to the conclusion that they were not entitled to relief under the Act and they therefore agreed to a compromise fixing the amounts which they had to pay. Independently of the letter sent by the debtors advocate there was an enquiry made by the Court regarding the date on which this Agraharam was made into a union and this elicited the reply that the Agraharam was not a union before 26th August
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