R.N. Gurtu, J. - (1.) This appeal has been filed by one Pandit Behari Lal who had advanced certain sums of money to Lokendra Singh the respondent in this appeal. Lokendra Singh is dead and his heirs have been brought on record. Lokendra Singh had brought an application under the U.P. Encumbered Estates Act for the liquidation of his debts and in the proceedings under the said Act the debt owing to Pandit Behari Lal was shown as due.
(2.) The history of the debt transaction as follows-
(3.) On the 14th of December, 1925 Lokendra Singh borrowed a sum of Rs. 1,500/- from Beharilal and executed a promissory note. Then on the 13th of August, 1926 Lokendra Singh borrowed a further sum of Rs. 1,000/- from Behari Lal and executed a second promissory note for Rs. 1,000/-. Both these promissory notes were renewed on the 22nd of December, 1930 each for a sum of Rs. 1,800/-. Each of these two sums appears to have been made up of the prior debt plus the outstanding interest thereon.;