Gadamsetti Peddi Subbarayadu and Another vs Lingam Yella Somayya, minor by next friend Kotrike Ramakrishnayya and Others

King, J.—This appeal must succeed on all points. It is not disputed that appellants are agriculturists and debtors within the meaning of the Madras Act IV of 1938 see Periaswami Chettiar and Another Vs. S.A. Ramaswami Goundan, It is argued however for the 1st respondent that inasmuch as plaintiff''s mortgage debt which the appellants, are liable to pay as puisne mortgagees is also payable by first defendant as the mortgagor and first defendant has become insolvent, by Section 21 of the Act, the debt cannot be scaled down. We are unable to accept this argument. We think that good reasons are given in the judgment of Wadsworth, J., Dharba Sooryanarayana and Another Vs. Meduri Ramamma, , for holding that though this is a debt payable by two persons, the section does not apply when the claim of the debtor who is not an insolvent. is being considered. The appeal will therefore be allowed and plaintiff''s decree scaled down in accordance with the provisions of the Act. The parties will give and take proportionate costs in the Court below and the first respondent must pay appellants, costs of this appeal. Time for redemption, three months.