The appellants being defendants in OS No.49 of 2006

have preferred this appeal being aggrieved by the judgment

and decree dated 27.10.2009 passed in RA No.336 of 2007 on

the file of the learned II Additional District Judge, Tumakuru

(hereinafter referred to as 'First Appellate Court' for brevity)

wherein, the suit of the plaintiff was decreed by allowing the

appeal and setting aside the judgment and decree dated

27.09.2007 passed in OS No.49 of 2006 on the file of learned

Civil Judge, Sr.Dn., Turuvekere (hereinafter referred to as 'the

Trial Court' for brevity), which has dismissed the suit filed by

the plaintiff.

2.

For the sake of convenience, parties are referred

to as per their status and rank before the Trial Court.

3

3.

The appeal was admitted vide order dated

28.07.2010 and the following substantial question of law was

formulated:

"Whether the lower Appellate Court was

justified in decreeing the suit when the plaintiff

who was doing money lending business had no

required licence to carry on such business?"

4.

Brief facts of the case are that, the respondent-

plaintiff filed OS No.49 of 2006 against the defendants-

appellants for recovery of money of Rs.2,60,000/- with

inter