1. The plaintiff has filed this summary suit for the recovery of Rs.66,500.00 with future interest thereon against the defendants.

THE FACTS :-

2. The factual matrix brought on record is that the original defendant late Jehangir Dhanjibhoy was plaintiff’s family friend That is how, the plaintiff and the original defendant were known to each other. The original defendant late Jehangir had represented that he had applied for financial assistance to the various financial institutions and banks and, shortly, he was likely to get financial assistance from them. In the meanwhile, since he was in need of money for his business establishment run under the name and style of "Hotel Sai Village Shirdi" and Restaurant at Shirdi", he had requested to the plaintiff for hand loan, which was granted to him by way of hand loan by the plaintiff in the sum of Rs.35,000/-, secured by Promissory Note dated 1st May, 1985 executed in favour of the plaintiff Miss.Shobhita Rani Kaushal.

3. According to the plaintiff, the amount was paid by cheque drawn on Grindleys Bank plc., as detailed in the pro-note. The said cheque was deposited by the original defendant in his bank account. The amount paid