( 1. ) THIS appeal by the plaintiffs is against the judgment and decree of the 3rd Additional District Judge, Bilaspur dated 25-4-1968 decreeing their suit for the enforcement by sale of the mortgaged property. The plaintiffs had brought the suit to recover Rs. 1,60,950 being the amount due under the mortgage, Rs. 1,50,000, as principal, and Rs. 10,950, as interest from 1-10-1962 to 18-12 1963. The learned Additional District Judge has, however, adjudged the sum due on the mortgage to be Rs. 70,125, by disallowing the entire interest including a sum of Rs. 79,875 paid by way of interest upto 1-10-1962 and adjusting the same towards the principal amount under clauses (b) and (c) of section 7 of the Madhya Pradesh Money-lenders act, 1934 (hereinafter referred to as "the Act" ).

( 2. ) THE facts are not in dispute. By a deed of settlement dated 13-5-1946, ex. P-64, the trust known as "seth Kirodimal Charity Trust", Raigarh was created. The settler Seth Kirodimal made over a sum of Rs. 30,00,000 to the board of Trustees constituting himself to be its Chairman, to hold upon the trust and for the purposes mentioned therein. The trust was registered as a public trust under the Ma