CHANDRA REDDY, J. : -

This appeal is brought by the plaintiff against the judgment of the Subordinate Judge of Kakinada dismissing his suit for recovery of Rs. 5,070-13-3 from the property of the minor defendant. The suit was based on a promissory note executed by the guardian and next friend of the minor on 20-1-1950 marked as Ex. A-7 in favour of the plaintiff. The promissory note came to be executed under the following circumstances.

The present plaintiff filed Original Suit No. 51 of 1948 on the file of the Subordinate Judge, Kakinada for partition and for separate possession of half a share of the casurina plantations raised on a land belonging to the 1st defendant therein i.e., the father of the present defendant and for recovery of Rs. 4000/- being the value of the half share of the trees which the defendant had cut and carried away. That plaint was founded on the allegation that there was an agreement between the plaintiff and the defendant whereunder the plaintiff was to plant casurina and water them for two years at his expense, that the taxes for the lands were to be paid in equal halves by the parties, that after the expiry of two years the defendant should hims