Mungeshwar Sahoo, J.

1. This First Appeal has been filed by the plaintiffs against the judgment and decree dated 27.2.1998 passed by the learned Sub-Judge-Vlth, Motihari in Title Suit No. 32 of 1994/10 of 1994 dismissing the plaintiff/appellant suit.

2. The plaintiffs-appellants filed the aforesaid Title Suit No. 32 of 1994/10 of 1994 praying for declaration that defendant No. 1 has no claim of money in relation to M/s Dharman Singh Ice Cold Storage, Chauradano against the plaintiff and also prayed for recovery of Rs. 4,65,600/- with interest at the rate of 12 per cent per annum.

3. The plaintiffs claimed the aforesaid relief on the facts alleging that they wanted to start cold storage business and for the said purpose, they had 3 lakhs money with them but it was not sufficient so they approached the defendants for advancing loan. The defendant after considering the plaintiffs case proposes that on 25.9.1972, M/s Dharman Singh ice Cold Storage was established at Chauradano at the cost of Rs. 3,28,000/- but now it is sick and is lying idle. Thus, the defendant No. 2 allured the plaintiff to purchase the said cold storage and assured plaintiff to provide financial assistance