1. The petitioner was defendant 1 in S.C. No. 146 of 1940, on the file of the Subordinate Judge of Cuddalore. In execution of his decree, the respondent sought to bring the property of the petitioner to sale; and sale was ordered. Two days before the sale was due to take place, the petitioner put in an application Under Section 4, Madras Debt Conciliation Act; and on the date of sale, drew the attention of the executing Court to the fact that he had filed an application and asked the Court to stay the sale Under Section 25 of the Act. The lower Court dismissed his application on various grounds. Prima facie, the Court is bound to stay the application Under Section 25 of the Act if a petition is pending before the Board Under Section 4. It was contended by Mr. K.S. Champakesa Ayyangar, the learned advocate for the respondent, that the petitioner is not an agriculturist. Section 25, however, makes no reference to agriculturists at all. It says that:

When an application has been made to a Board Under Section 4 any suit or other proceedings shall not be proceeded with.

Whether the petitioner is an agriculturist or not is a matter to be considered by the Board; and there can be no d