Wadsworth, J.

1. This petition raises the question of the precise effect of Provisos (B and C) of Section 3(ii) of Madras Act IV of 1938. The petitioner was the judgment-debtor in a mortgage suit, being himself the mortgagor, and he sought the benefits of the Act under Section 19 in respect of the mortgage decree. He was held by the lower Court to be disentitled to those benefits on the ground that he was assessed to profession-tax in respect of the first half year of the financial year 1937-38. The lower Court also rejected the plea advanced on behalf of the creditor that the petitioner was also disqualified under Proviso (C). The petitioner was admittedly not assessed to profession-tax within the two years preceding the 1st October, 1937. His assessment was actually made on 15th January, 1938, but it was retrospective, so that it covers the half year beginning 1st April, 1937. The learned District Judge, applying Section 137-B of the Madras City Municipal Act, has held that a person who is assessed to profession-tax in respect of any portion of the two years immediately preceding the 1st October, 1937, comes within the mischief of Proviso (B) to Section 3(ii) even though t