S. K. Das, J. - (1.) In this appeal, pursuant to special leave against the judgment and order of the High Court of Madras, the question for decision is Whether the appellant who claims to be an agriculturist debtor is entitled to apply for scaling down of his decretal debt under the provisions of the Madras Agriculturists' Relief Act (Mad. IV of 1938), hereinafter called the Act, as amended by the Madras Agriculturists' Relief (Amendment) Act (Mad. XXIII of 1948), hereinafter called the amending Act.
(2.) The facts which have led to this appeal are that a partnership firm, briefly described as M. Ar. Firm, whose partners were Arunachalam Chetty, his two sisters and Subramaniam Chetty, was carrying on the business of money lending. On the death of Arunachalam Chetty on 6-7-1916, Subramaniam Chetty, one of the surviving partners, took over the assets of the dissolved partnership firm at a valuation of Rs. 25,000 and carried on the business under the name and style of Pl. S. firm of which the partners were Subramaniam Chetty, Vellachi Achi, his two daughters and in 1919 Palaniappa, Chetty, father of the appellant, joined the partnership. The amount of Rs. 25,000 was credited in the accounts of the new partnership. On 19-4-1919, the accounts showed a balance of Rs, 16,369-12 as being due to the share of the decease Arunachalam Chetty which by the year 1935 swelled up to a figure of Rs. 55,933-15. Subramaniam Chetty died in 1924 and the business was carried on after his death by his widow Lakshmi Achi and her daughter and Palaniappa Chetty. In l930 Palaniappa Chetty died and his sons joined the business in his place. Disputes arose between the partners in 1935 which were referred to arbitration and under an award given on 31-7-1935, Arunachalam Chetty and his sister were directed to pay to the estate of M. Ar. Rs. 34,958- 11-6 and the defendants, now appellant and his brother, a sum of Rs. 20,975-3 and corresponding entries were made in the account books of PI. S, Firm. In 1944 the plaintiff, now respondent, as the adopted son of Arunachalam Chetty filed a suit for recovery of the amount which the award had directed the defendants to pay. The defendants were the two sons of Palaniappa Chetty. They denied the adoption of the respondent to Arunachalam Chetty and also pleaded the bar of limitation.
(3.) The trial Court held the adoption to be invalid and upheld the plea of limitation. The plaintiff took an appeal to the High Court which held the adoption to be valid and also held the suit to be within limitation. It remitted the case to the trial Court for determining certain issues and after the findings were received, the suit was decreed on 9-3-1951, for a sum of Rs. 26,839-15-9. The appellant applied to the High Court for leave to appeal to this Court and also applied for stay. Leave was granted but stay was refused; as no security was furnished under the rules, the High Court later revoked the certificate granting leave.;