R. Gururajan, J.--This appeal is by the Plaintiff. He challenges the Judgment and Decree dated 5.4.1999 passed in O.S. No. 1634 of 1988.

2. The Appellant-Plaintiff is the second son of late B. Janardhan Gupta, who died on 5.4.1986. The Appellant's father Sri. Gupta executed a Will dated 15.3.1985 bequeathing all the assets to the Appellant-Plaintiff. The Will was deposited with the District Registrar. After the death of Sri Gupta, the Will was opened by the District Registrar. In terms of the Will, the Appellant is entitled to all the residuary assets of the deceased Gupta. On 10.5.1980, Smt. S.A. Vengadamma (deceased) the first Respondent and her son Sri S.A. Sriram, the second defendant in the suit have jointly borrowed a sum of Rs.12,500/- from the father of the Appellant/Plaintiff, B. Janardhana Gupta. They executed an On Demand Promissory Note with consideration Receipt for Rs.12,500/- agreeing to repay the same together with interest at 18% p.a. The second Respondent was the scribe of the said promissory note. The Respondents paid Rs.4,025/- by cash and also by way of cheque on different dates. Cheque was acknowledged. The Appellant's father was demanding repayment of