MANINDRA MOHAN SHRIVASTAVA, J.

Heard.

1. This appeal is directed against the impugned judgment and decree dated 26-08-2010 passed in Civil Suit No.5-A/2007 by the Ninth Additional District Judge, (FTC), Durg, by which, the learned trial Court has dismissed the suit of the appellant-plaintiff.

2. The appellant-plaintiff filed a suit against the Respondent-defendant for recovery of possession of mortgaged property, refund/recovery of loan amount advanced as also for decree of specific performance on the pleadings, inter alia, that on the request of the defendant, from time to time, in need of money, loan was advanced by the plaintiff. According to the plaintiff, the defendant was advanced loan of Rs.2,10,000/- firstly on 07-10-1996 and mortgage in respect of the property in dispute was created vide mortgage deed executed on 07-10- 1996, Ex.P-1. Later on, the defendant again needed some more money as he was continuously facing loss in business, therefore, on his demand, further some of Rs.2,60,000/- was paid by the plaintiff to the defendant on 21-09-1999. Promissory Note Ex.P