R.L.Anand, J.

1. Unsuccessful plaintiff has filed the present Civil Appeal and it has been directed against the judgment and decree dated 23.8.1979, passed by the Court of learned Additional District Judge, Jind, who, allowed the appeal of the defendant by setting aside the judgment and decree of the learned trial Court and dismissed the suit of the plaintiff-appellant, with costs throughout.

2. Brief facts of the case are that on 21.11.1974 Shri Prem Chand plaintiff advanced a cash loan of Rs. 4,000/- to Shri Chandgi Ram deceased, predecessor in interest of the defendants and in token thereof said Shri Chandgi Ram executed the Bahi entry Ex.P1 in favour of the plaintiff. The rate of interest settled was Rs. 1-9 Anna per cent per month. Chandgi Ram did not make any payment. Hence the suit.

3. Chandgi Ram died during the pendency of the suit and his L.Rs were substituted as defendants.

4. The defence taken by the L.Rs. that Shri Chandgi Ram never took any loan from the plaintiff nor executed any Bahi entry.

5. From the pleadings of the parties the learned trial Court framed the following issues:-

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1. Whether the deceased Chandgi, predecessor-in-interest of the defendants ex