Judgement

SARKAR, J.- The point involved in this appeal is a very short one. It is whether the appellants are entitled to relief under the Bengal Money Lenders Act (Bengal Act 10 of 1940). Section 30 of that Act provides as follows:

"Notwithstanding anything contained in any law for the time being in force, or in any agreement.

(1) no borrower shall be liable to pay after the commencement of this Act-

(a) any sum in respect of principal and interest which together with any amount already paid or included in any decree in respect of a loan exceeds twice the principal of the original loan,

(b) ..........................................................

(c) ...............................................................

Whether such loan was advanced or such amount was paid or such decree was passed or such interest accrued before or after the commencement of this Act,"

The appellants contend that they are borrowers and are being made to pay in excess of the limit prescribed by this section in respect of a loan to them and this they are not liable to do. The question that arises on this contention is whether what the appellants are sought to be made liable to pay is in respect of a loan within