Judgment

PALEKAR, J.: - This appeal arises on a certificate granted by the High Court at Bombay from its judgment and decree dated April 17, 1963 in First Appeal No. 847 of 1957.

2. The appellant is one Trimbak Narayan Hardas, a resident of Amaravati where he lived after his retirement as a District Judge. Respondent No. 2 Krishnaji Mahadeo Jangli is a resident of Poona. He owned some house properties at Poona and at the relevant time had a small business of manufacturing rubber goods. Jangli was a distant relation of Hardas being the son of the sister of the father-in-law of Hardas. Jangli was in financial difficulties and so he borrowed moneys from Hardas. On 11-5-1949 he was paid Rs. 15,000/- by Bank Draft and again on 13-7-1949 another sum of Rs. 15,000/- was paid to him by a Bank Draft. In respect of these loans Jangli passed a Pronote in favour of Hardas on 12-7-1949. The loans were supposed to be accommodation loans which Jangli had promised to repay as early as possible. On 2-12-1950 he gave a cheque of Rs. 3,000/- to Hardas in part payment but on presentation to the Bank, it was dishonoured. The two met often and Hardas used to remind Jangli about the loan. There was also co