Lord Chancellor.:-

This is an appeal from an order of the Court of Appeal of the Federated Malay States, reversing a decision of the trial Judge which ordered the defendant to deliver up for cancellation a charge on certain rubber lands and property of the respondents. It appears that in the year 1921, the respondents bought the land now in question for a sum of 8,000 dollars, paying 1,000 dollars in cash and giving a mortgage to secure the balance. At the beginning of 1923 the mortgagee insisted on the interest being increased, the respondents then being in default. On 13th January 1923 the respondents gave a fresh charge for 8,200 dollars bearing interest at 24 per cent. per annum and in addition they gave a second charge for 4,000 dollars to another creditor. According to the uncontradicted evidence called for the respondents the property was worth some 10,000 dollars in 1922, and was valued at about 12,000 dollars two years later. In the month of February 1923, the transaction took place which gives rise to the present action. On 13th February of that year the respondents executed a charge in favour of the appellant for the sum of 8,000 dollars at 18 per cent., and that charge w