R GOVINDOO Vs. N RAMACHANDER

JUDGEMENT

(1.) This is an appeal on behalf of the plaintiff assailing the correctness of the judgment and decree, dated igth July, 1955, of the District Judge, Hyderabad, whereby he affirmed the decision of the Munsif of the East Taluk, Hyderabad District dismissing the suit as being barred by limitation.

(2.) It would appear that Neethikari Ramchander, the respondent herein, on 24th Bahman 1351-F., mortgaged with possession two houses respectively situated at Lalapet and Malkajgiri to secure payment of Rs. 300 advanced to him by the appellant. One of the terms of the mortgage was that if the mortgagor failed to redeem the property within three years of the date of the mortgage, it shall be deemed to have been sold to the mortgagee. The respondent did not, however, redeem the mortgage and the appellant brought the present suit. Instead of making a prayer for foreclosure he prayed that

(3.) The respondent in his reply admitted the loan and the execution of the mortgage deed with all the recitals contained therein but pleaded a partial discharge of the debt to the extent of Rs. 275. He further contended that the suit was liable to dismissal on the ground of limitation inasmuch as the appellant had asked for the mortgage money on account of breach of the contract and also because the appellant was a money-lender and had not obtained licence for money-lending as was required by the Hyderabad Money-lenders' Act. The issues settled on these pleading were as follows :-