O. CHINNAPPA REDDY, J.

( 1 ) 1. The plaintiff is the appellant in this appeal. The facts which are now not in dispute are as follows : Samadani Begum borrowed a a sum of Rs. 30,000/- from the plaintiff and executed a promissory note Ex. A. 1 dated 20-12-1958 in favour of the plaintiff. She also gave a receipt Ex. A. 2 for the same amount. The receipt was attested by Abu Mohammad Abdur Rahman husband of Samdani begum. Samdani Begum died issueless on 20-6-1959. On her death, her heirs were her husband Abu Mohammed Abdur Rahman and her other kindred, defendant 1 to 5. The husband was entitled to a half share of her estate and was liable to pay, under Mohammadan Law, half the debt due to the plaintiff. Defendants 1 to 5 were similarly entitled to half the estate of Samdani Begum and were liable to pay half the debt due to the plaintiff. On 3-10-1961 Abu Mohammad Abdur Rahman made a part payment of a sum of Rs. 1000/- to the plaintiff, An endorsement of pare payment was made on the promissory note and a separate document Ex. A. 14 was also executed by which Abu Mohammed abdur Rahman acknowledgse the debt due to the plaintiff. Abu mohammad Abdur Rahman died on 12-2-1962. Defendants 6 to 8

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