Lord Fairfield:-

This is a consolidated appeal from the decision of the Court of Appeal at Johore Bahru in the State of Johore reversing the decision of the trial Judge, Mills J. It may be convenient to say at once that their Lordships are satisfied that the judgment of the trial Judge was wrong that its reversal by the Court of Appeal was right and ought to be affirmed, except in one respect which will be dealt with later in this judgment. It will save their Lordships the trouble of stating the names of appellants and respondents, where they differ, if they refer to the appellants collectively as the moneylenders and the respondents as the borrowers. By originating summonses dated 23rd November 1936, the moneylenders made application to the Court of the Judge at Johore Bahru for an order for the borrowers to show cause why the several rubber estates which had been charged to the moneylenders by certain instruments of charge should not be sold at public auction, subject to the terms stated in each summons.

The borrowers by their affidavit in answer asked the Court to say that the several transactions to which the originating summonses related were usurious and unfair, and that the in