( 1 ) THIS appeal arises out of a suit under S. 36 of the Bengal Money-Lenders Act. The suit has been dismissed by the trial court. Hence this appeal by the plaintiff.

( 2 ) THE plaintiff's case was that on October 7, 1942, he took a loan of Rs. 7,000 from the defendant no. 1, Manindra Lal Gupta, on the security of his Behala Property described in the plaint schedule. It was agreed between the parties that the loan would be repaid in the course of a period of about two years and the stipulated interest for the said period was Rs. 1,150. It was further agreed between the parties that in view of the Bengal Money-Lenders Act the transaction would be made in the form of a kobala or a deed of sale accompanied by a simultaneous but separate agreement for resale or reconveyance. Accordingly, the plaintiff duly executed and registered a kobala in favour of defendant no. 1 in respect of his said Behala property for an ostensible consideration of Rs. 8,000, although he really got from the said defendant only Rs. 7,000 and that too by way of a loan on terms, stated above, and the defendant no. 1 simultaneously executed in his turn an unregistered agreeme