GAJENDRAGADKAR, J. :- Section 23, Bombay Money-lenders Act, 31 of 1947, provides that, notwithstanding anything contained in any agreement or any law for the time being in force, no Court shall in respect of any loan, whether advanced before or after the date on which this Act comes into force, decree, on account of interest, a sum greater than the principal of the loan due on the date of the decree. Is the rule laid down in this section retrospective and can it be invoked by a debtor in an appeal against his creditor when the Act did not apply at the time when the dispute between the parties had been decided by the trial Court? These are the two questions which arise for our decision in the present appeal.

2. The appeal arises out of a suit for redemption. The mortgage sought to be redeemed was a possessory mortgage and it was executed by the plaintiffs grandfather in favour of Tukaram on 4-9-1884, for Rs.1,350. The property mortgaged was a house. The mortgagee was to remain in possession of the property in lieu of interest. The period stipulated was ten years and the interest agreed was 6 per cent, per annum, compound interest. Between the same parties another mortgage wa