Ramratna Singh, J.

1. This appeal by the plaintiff is directed against the judgment and decree of the Subordinate Judge of Bihar sharit, reversing the judgment and decree of the Additional Munsif and dismissing the plaintiffs suit for arrears of house rent on the basis of a registered kerayanama. It is admitted that the defendants borrowed a sum of Rs. 2,500.00 from the plaintiff, who was not registered as a money-lender under the Bihar Money-Lenders Act, 1938 (hereinafter referred to as the 1938 Act), and executed a mortgage by conditional sale (bai-wul-wafa) on the 5th February, 1953 in respect or a house. On the same date, there was a lease back in the form of the Kerayanama under which the defendants agreea to pay to the plaintiff Rs. 25/- per month as rent of the house. As no rent was paid, the plaintiff-appellant instituted this suit.

The defendant-respondents resisted the claim of the plaintiff-appellant on three grounds (1) the suit, being, in essence, a suit for realisation of interest, could not be maintained independently of the claim for the mortgage money; (2) legally, the plaintiff was entitled to get interest at 9 per cent per annum on the mortgage money, but