JUDGMENT

Derbyshire C.J.

1. This matter was re-ported to me by Sen J. under Rule 3 of chap. V of the Rules of the Original Side of this Court on the ground that it involves a substantial question of law as to the interpretation of the Government of India Act, 1935. Under the rule just mentioned, I appointed this Bench to hear the matter. Put shortly the question is are certain provisions of the Bengal Money-lenders Act, 1940, an Act of the Bengal Provincial Legislature which received the assent of the Governor-General in July 1940 and came into force on 1st September 1940, by order of the Governor of Bengal beyond the law-making powers of the Bengal Legislature under the Government of India Act, 1935?

2. The facts of the case are as follows : On 8th March 1933, Rai Bahadur Tarit Bhusan Roy, the father of the two plaintiffs, lent Rs. 50,000 to the defendant, Benoy Krishna Chakravarty. The loan was secured by an equitable mortgage of five properties in Calcutta the title deeds of which were deposited by the borrower with the lender, the transaction was evidenced by a memorandum of the deposit, which was registered. It was a term of the mortgage that the mortgagor should pay to the mortg