JUDGMENT

Jenkins, C.J. - The only question that arises on this Appeal is as to the time from which interest should run on arrears of rent. The contract between the parties is one after the passing of the Bengal Tenancy Act and one to which the provisions of that Act applies. By that contract provision is made for payment of the rent in monthly kists or instalments, and also for payment of interest on each, from the time when it falls due. It is contended on behalf of the landlord that literal effect should be given to this provision for interest.

2. On behalf of the tenant it is contended that interest cannot run from the date when each instalment fell due but from the expiration of that quarter of the agricultural year in which the instalment fell due. The reasons urged by the tenant for the adoption of this view, notwithstanding the express provision of the contract, are these: It is said in the first place that the provision for interest is in excess of that which can be permitted, inasmuch as it is for interest which exceeds 12 1/2 per cent, per annum. It is conceded that this is a sound objection, but the landlord says that he is entitled to recover interest at the rate of 121\2