JUDGMENT

Harries, J. - This is a reference by the learned Munsif of Pilibhit under Order 46, Rule 11, Civil P.C., arising out of an application under the U.P. Agriculturists' Belief Act of 1934. The matter originally came before a Bench of this Court and by an order dated 28th March 1938 that Bench referred the matter to the learned Chief Justice for the constitution of a larger Bench. The case has therefore come before this 1'ull Bench. On 17th July 1934 the judgment-debtors who are admittedly agriculturists as defined in the U.P. Agriculturists' Belief Act entered into an agreement with the decree, holder R.B. Sahu Har Pershad who is the owner of a sugar factory at Pilibhit. By that agreement the decree-holder advanced to the judgment-debtors a sum of Rs. 1086 and such advance is stated to be in the agreement in relation to the sale of sugarcane produce for the year 1342 F. and the area of such sugarcane is specified in the agreement. The judgment-debtors also hypothecated 225 bighas kham of this sugarcane crop to the decree-holder. The judgment-debtors also covenanted that they would deliver the entire sugarcane crop of the area specified to the decree-holder at the rate of Rs. 3