Cheetu-Cheetu existing at the time of enactment of Ordinance-Failure to obtain exemption-Ordinance No. 61 of 1935 (Cap. 128), s. 46 (4).

Section 5 (2) of the Cheetus Ordinance bars an action for the recovery of money due on a cheetu which was being conducted when the Ordinance came into operation but which was not exempted under section 46 (4) of the Ordinance.

APPEAL from a judgment of the Commissioner of Requests of Kandy.

J. E. M. Obeyesekere (with him M. M. Kumarakulasingham), for the plaintiff, appellant.

E. B. Wikremanayake, for the second defendant, respondent.

June 9, 1939. SOERTSZ A.C.J.-

The Cheetus Ordinance is by no means easy to interpret and apply. It has the teasing quality of a cross-word puzzle. It arises for examination in this case in the following circumstances. The plaintiffs who are a duly incorporated company, limited in liability, carried on a business of auctioning cheetu among its subscribers on the condition inter alia that each subscriber could buy the cheetu