K. Narayana Kurup, J.

The sole defendant in O.S.25 of 1986 of the Subordinate Judge's Court, Kottarakkara is the appellant. The appeal is directed against the judgment and decree of the Trial Court decreeing the suit for a sum of Rs. 1,05,000/- together with interest at 6% on the principal sum of Rs. 1,00,000/- from the date of suit till realisation from the appellant - defendant and his assets.

2. Facts:- The plaintiff is the wife of the nephew of the appellant. The suit was one for money due under Ext. A1 promissory note. The plaintiff's case is that the defendant borrowed a sum of Rs. 1,00,000/- from her on 28.10.1985 by executing Ext. A1 demand promissory note as security in his own handwriting and signature after receiving two cheques drawn on Indian Overseas Bank, Ezhukone Branch, undertaking to repay the amount together with 12% interest as and when demanded. Inspite of repeated demands made by the plaintiff to return the amount, defendant did not pay the amount. Mediation having failed, Ext. A-4 lawyer notice was sent on 22.3.1996. But it was returned un served with the endorsement 'refused'. Hence, the instant suit.

3. The defendant filed a written statement denyi