SOMASUNDARAM, J. :- This is an appeal against the order in E. A. No. 627 of 1946 in E. P. No. 138 of 1943 in O. S. No. 20 of 1936, on the file of the Subordinate Judges Court, Madura.

2. The circumstances under which this appeal is preferred are these. O. S. No. 20 of 1936 was filed by the plaintiff, respondent 2 herein, for recovery of the amount due under a mortgage executed by defendants 1 to 4 in the suit. Defendants 5 to 8 and 9 to 12 are purchasers of portions of the hypotheca. Defendant 13 is a purchaser of three houses from defendant 9 and defendant 14 is a purchaser of one of the three houses from defendant 13. Defendant 29, the contesting respondent 1 in this appeal, is the legal representative of defendant 14. On 13th September 1937, a preliminary mortgage decree was passed in O. S. No. 20 of 1936. Petitions for scaling down the debt under Madras Act IV [4] of 1938 were filed by the mortgagors, defendants 1 to 4 and the purchasers defendants 5 to 8 and defendants 9 to 12. The applications of the mortgagors and of defendants 9 to 12 were allowed. On the ground that defendants 6 to 6 were not agriculturists their applications were rejected. With regard to the defen