C.S. Ramier vs B.N. Srinivasiah on 18 September, 1940
2. It is contended that the Court below was wrong in allowing the mortgagors to redeem the mortgages as a whole by payment only of the mortgage moneys as scaled down under the Act without providing that the properties in the hands of the purchaser should be redeemed only on payment of the entire amounts due under the mortgages. It was said that otherwise the purchaser who is a non-agriculturist would be benefited by the scaling down of the debts, a result not contemplated by the Act. Reliance was placed upon the decision in Ramier v. Srinivasiah (1940) 2 M.L.J. 872 and in. Arumugham Pillai v. Sadasivam Pillai C.R.P. No. 1655 of 1940 as supporting this contention. These decisions no doubt establish that in a suit to enforce a mortgage brought against the mortgagor who is not an agriculturist and the alienee of part of the hypotheca who is an agriculturist a decree can be passed for the full amount due against the party who is a non-agriculturist while scaling down the mortgage debt as against the party who is an agriculturist. But they do not, in our opinion, assist the appellant. There it was a suit for sale and the purchaser who was an agriculturist claimed and was allowed the benefit of the Act, it having been held that his liability qua purchaser to pay the mortgage money was a debt within the meaning of the Act, while as against the mortgagor who was not an agriculturist, a decree for the full amount of the debt was passed. In the present case, however, the mortgagors are agriculturists and they seek to redeem the property under Section 60 of the Transfer of Property Act which (so far as it is material here) provides :