JUDGMENT :- This is plaintiff's appeal arising out of a suit filed by him against Gorey Lal and Vishun Dayal for recovery of a loan of Rs. 375/- said to have been advanced by his father to Har Prasad who had agreed to repay the same with interest at the rate of 2% per month and had executed a pronote in favour of Laxman Lal. It is alleged that Har Prasad paid a sum of Rupees 5/- on 26th May, 1956 towards the said loan and had paid further sum of Rs. 2/- on 24th May, 1959 towards the same. Laxman Lal died on 10th day of the month of Magh Samvat 2010 leaving behind the plaintiff as his sole heir Har Prasad is also said to have died on 9th February, 1962, leaving behind the defendants as his heirs. It was alleged that the defendants were in possession of the property of the deceased Har Prasad as heirs and were liable to repay the debt of the deceased. On these allegations the plaintiff claimed a decree for Rs. 1175/- against both the defendants. The defendant No. 1 did not put in appearance and it appears that the suit was dismissed against him on 30th August, 1962.

2. The suit was, however, resisted by the defendant No. 2 who in his written statement denied the allegations made by th

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