This appeal is directed against the order in I.A No, 111 of 1976 in O. S. No. 60 of 1972 on the file of the Sub-Court, Nagercoil, scaling down the decree amount from Rs. 19,158.75 to Rs. 11,493 42 at the instance of the first defendant on the ground that he is an agriculturist entitled to the benefit of Act IV of 1938 as amended by Act VIII of 1973. The plaintiff-decreeholder has filed this appeal questioning the correctness of the findings of the Court below that the first defendant-respondent is an agriculturist.

2. On 7th May, 1960, one Adikesavaperumal executed a hypothecation bond for Rs. 12,500 in favour of one Ponnammal. On 30th October, 1962, the mortgagor, Adikesavaperumal expired leaving Kumara Pillai, the first defendant as his sole heir. As the said first defendant was a lunatic, the Official Receiver, Nagercoil, was appointed as the guardian of his property and one Kesava Piliai was appointed as his personal guardian in O.P. No. 73 of 1962 The Official Receiver realised some income from the properties of the first defendant and paid in all on various dates between 4th August, 1969 and 23rd December, 1971, Rs. 2,210. The mortgagee, Ponnammal assigned the mortgage