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MOHAMED BHAI v. NEWMAN et al.


Mohamed Bhai V. Newman Et Al.,

Present : De Sampayo J.   1920.

MOHAMED BHAI v. NEWMAN et al.

1-C. R. Kandy, 27,024.

Inducing wife or child to contract debt-Money Lending Ordinance, No. 2 of 1918, s. 16-Written consent of husband or father.

The lending of money by a money lender to a wife or child without the written consent of the husband or father is not illegal under section 16 of Ordinance No. 2 of 1918. The words of this section contemplate a visit of the residence by the money lender in the absence and without the knowledge of the person who is the natural protector of a wife or child, and the whole provision is intended to prevent a wife or child from being tempted to contract a debt.

THE facts appear from the judgment.

Arulanandan, for plaintiff, appellant.

C. H. Z. Fernando, for defendants, respondents.

June 30, 1920. DE SAMPAYO J.-

The plaintiff is an Afghan money lender, and he sues the defendants, who are husband and wife, to recover a sum of Rs. 65 and interest on an allegation that at the request of the husband, the second defendant, he lent to the first defendant a sum of Rs. 75, and that they paid him a sum of Rs. 10, leaving unpaid the







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