JUDGMENT

Derbyshire, C.J.,

1. The petitioners--the borrowers--executed a mortgage bond in favour of the lender--the opposite party on 26th February 1931 promising to pay interest at 12 per cent. per annum with annual rests. The borrowers paid a certain amount on account, but on 20th July 1936, a preliminary decree was passed in respect of this The final decree was passed on 13th January 1937 for Rs. 4138-12-3. It was put into execution and the mortgaged properties were sold and bought in by the decree-holder for Rs. 3150. The sale was made absolute on 12th August 1937 and possession delivered to the auction purchaser, that is the plaintiff, on 11th and 12th September 1938. On 15th July 1938, the plaintiff applied to the Court under Order 34, Rule 6, Civil P.C., asking for the decretal balance, namely, Rs. 1000. Those proceedings were stayed u/s 34, Bengal Agricultural Debtors Act, as the result of a petition by the present petitioners to the Debt Settlement Board. The result was that on 1st January 1939, there was a proceeding in execution for the recovery of the loan advanced before the commencement of the Bengal Money-Lenders Act and such loan comes within the prohibitions of the A