Mr. L. N. Mittal, J. (Oral).- Rawat Singh – plaintiff, who was successful in the trial court, but has been non-suited by the lower appellate court, has filed the instant second appeal.

2. Plaintiff-appellant filed suit against defendant-respondent Mahender Singh for recovery of Rs.51,000/- alleging that on 11.06.2004, defendant borrowed Rs.33,500/- from the plaintiff and agreed to repay the same with interest @ 2% per month and executed pronote and receipt for the same, but the defendant failed to pay the principal amount and interest. Accordingly, the plaintiff claimed Rs.33,500/- as principal amount and Rs.17,500/- as interest thereon till filing of the suit.

3. The defendant broadly denied the plaint allegations. The defendant denied having received any loan amount from the plaintiff or having executed any pronote and receipt. It was pleaded that earlier, defendant’s father Deep Chand had taken loan of Rs.60,000/- from the plaintiff and mortgaged two acres land as security on 31.07.2000 and plaintiff had filed suit against defendant’s father for possession of the said land. During pendency of the said suit, Deep Chand died and his legal heirs including the present defen