P.N. Shinghal, J.-This second appeal has been preferred by Ramrichpal, defendant No 2, against the appellate judgment and decree of the learned District Judge of Bikaner, dated July 21, 1959. The dispute is like this.

2. Ramrichpal is the son of the other defendant Bhaironsingh. They owned ancestral immovable properly which was situated in an important locality in the city of Bikaner- The Bikaner Stores Supply and Trading Company, which was a partnership firm and of which Rawatram was one of the partners, advanced a loan of Rs 5,000 to Bhaironsingh on January 10, 1952 under a mortgage. The mortgagee was shown to be Rawatram and it was agreed that the mortgage money would be repayable at the stipulated rate of interest The loan was advanced for completing the construction of the above mentioned property which, It appears, was a ‘kacha’ structure and for the reconstruction of which Bhaironsingh took loans from time to time, the suit loan being the third loan. Bhaironsingh did not repay the loan and so the present suit was instituted on January 18, 1955, for the recovery of Rs. 5,000 on account of principal and Rs. 1,832 by way of interest, making a total of Rs. 6,832. Both t