KALOJL TALUSAPPA GANGAVATHI Vs. KHYANAGOUDA

JUDGEMENT

(1.) Against the decree dismissing his suit for recovery of the amount due under a mortgage and a promissory note executed by the defendants, the plaintiff has appealed to this Court with special leave.

(2.) The plaintiff carries on the business of a money-lender at Raichur which was formerly in the State of Hyderabad, but which is, since the States Reorganization Act, 1956, within the State of Mysore. The plaintiff instituted a suit in the Court of the District Judge, Raichur, against the defendants for a decree for Rs. 17,790/- claiming that the defendants were indebted to the plaintiff for Rs. 6,000/- and interest under a deed of mortage executed by them on June 20, 1949; Rs. 3,000/- and interest under a promissory note dated September 22, 1956; and certain sums of money under other transactions.

(3.) The defendants raised several contentions one of which alone is relevant. They contended that at the date of the transactions the plaintiff had not obtained a licence under the Hyderabad Money Lenders Act 5 of 1349 Fasli, and on that account he was not entitled to sue for the amounts due under the mortgage deed and the promissory note.