These are consolidated appeals by special leave from two orders of the High Court of Madras, both dated the 27th January, 1942, the first setting aside in appeal an order of the Subordinate Judge of Ramnad at Madura dated 25th July, 1938, and the second setting aside in revision an order of the same Subordinate Judge made on the 9th February, 1939.

The substantial question for decision in these appeals is whether the respondent is an agriculturist within the meaning of the Madras Agriculturists’ Relief Act (Act IV of 1938) hereinafter referred to as “the Act.” But the appellant has argued as a preliminary point that, assuming the respondent to be an agriculturist within the meaning of the Act, the orders of the High Court which are under appeal were incompetent and that this appeal should succeed on that ground. It will be convenient to deal with this point first.

The facts relevant to the determination of this question are these:

On the 15th September, 1925, a final decree was passed in a mortgage suit, which was Original Suit No. 5 of 1921 on the file of the Subordinate Judge of Ramnad at Madura, in favour of the appellants or their predecessors in title against the p