Patanjali Sastri, J.

1. This appeal arises out of an application under Section 19 of the Madras Agriculturists Relief Act, 1938, to scale down the decree passed in O.S. No. 46 of 1932 on the file of the Subordinate Judges Court of Ottapalam.

2. The decree was passed upon a hypothecation bond executed by defendants 1 to 4 who were members of a tarwad governed by ordinary Hindu Law. Defendants 1 to 3 are brothers and the fourth defendant is the son of the first defendant. The mortgaged properties having been sold, a personal decree for the balance remaining due on the hypothecation was passed on 27th January, 1938. Certain properties, belonging to the family which had already been attached were sought to be sold in execution of this decree. At that stage the fourth defendant filed an application (E.A. No. 878 of 1940) under Section 20 of the Act for stay of execution, and stay was ordered. But the fourth defendant did not file any application for scaling down the decree under Section 19 within sixty days thereafter. The first defendant who is the manager of the family applied again for a stay of execution in E.A. No. 1055 of 1943 on 20th December, 1943. This petition was dismis