1. This is a suit for recovery of money lent and advanced along with unpaid interest. Six issues were raised on behalf of the defendants and those were as follows:-

"1. Was there any agreement to pay interest at the rate of 18% per annum at quarterly intervals as pleaded in paragraph 3 of the plaint?

2. Was there any agreement to pay interest at the rate of 18% per annum, compoundable yearly with effect from 1st of April, 1988 as alleged in paragraph 6 of the plaint?

3. Has this Court jurisdiction to receive the instant suit as alleged in paragraph 4 of the written statement?

4. Is the claim for interest in the suit contrary to the provisions of the Bengal Money Lenders Act, 1940?

5. Is the suit un-maintainable for the reasons stated in paragraph 4 of the written statement?

6. To what reliefs, if any, is the plaintiff entitled?

2. Mr. Barin Ghosh appearing for the defendant has not pressed the third issue and has contested the suit mainly on the fourth and the fifth issues mentioned above.

3. In so far as the loan of the principal amount of Rs. 1 lakh is concerned there could be no dispute that the plaintiff did lend this sum. Also there could be no dispute that there was an agree