( 1 ) THIS is a Regular First Appeal filed by the plaintiff appellant arises from the judgment and decree dated 2nd January, 1997 passed by the II additional City Civil Judge, Bangalore City (Mr. A. V. Chandrashekar) in O. S. No. 421 of 1989 dismissing the suit of the plaintiff-appellant for the recovery of a sum of Rs. 43,783/ -.

( 2 ) THE facts of the case in nutshell are: that the plaintiff filed the above suit against the defendants claiming decree for a sum of Rs. 43,783/- with interest at the rate of 20% per annum from 22-2-1988 till the date of payment and for a direction to seize the autorikshaw bearing No. CAM 125 and for its being handed over to the custody of the plaintiff. 2-A. As per the plaint allegations, the plaintiff claimed to be a private money-lending firm registered with the Registrar of Money-Lenders, bangalore and carrying on the business of financing loans on the basis of security and hypothecation of goods and vehicles. The plaintiff alleged that he was a valid money-lender having the licence for this purpose i. e. , on the date of the suit transaction as well as on the date of filing of the suit. The plaintiff alleged that defendant 1 (res