Judgment

SHAH, J. : Gurupada Ghosh respondent to the appeal filed suit No. 41 of 1953 in the 6th Court of the Subordinate Judge at Alipore District 24 Parganas, West Bengal, for money decree against the appellant-Char Chandra Kundu-for Rs. 32,132-12-3 claiming that he had advanced to the appellant on May 11,1949, "by way of temporary accommodation loan" Rs. 30,000/- by a cheque drawn upon the Comilla Union Bank, Calcutta, and that the appellant had in two instalments repaid Rs. 5,500/- out of the amount advanced and the balance of Rs. 24,500/- with interest remained due and payable by the appellant. The appellant pleaded by his written statement that a loan on Rs. 30,000/- was advanced by the respondent to him and his wife Chapalabala and a promissory note was in consideration thereof executed by the borrowers in favour of the respondent and as collateral security for the loan, title deeds of certain immovable properties belonging to the said Chapalabal were deposited with the respondent and the thereafter between September 7,1949 and April 13, 1953, the appellant had repaid a aggregate amount of Rs. 37,000/. and the respondent having relinquished a sum of Rs. 235-7-0 on account of