Modi, J.— This is an appeal by the defendant Bhagirath in a suit brought against him by the plaintiff Mst. Gulab Kanwar on behalf of herself and her sons Sampatchand and Suratsingh who are minors. The suit was principally based upon a promissory note and has been decreed with respect to it by the Senior Civil Judge Jodhpur but the rest of their claim stands dismissed.

2. The case disclosed by the plaintiffs is that there were money dealings between Nauratanmal deceased, grandfather of the minor plaintiffs, and the defendant, and the latter had also taken certain kothas on rent from the deceased and was in occupation thereof. It is said that after the death of Nauratanmal, on the 15th October, 1951, accounts were gone into between the parties on Migsar Sudi 15 Svt. 2008 (corresponding to the 13th December, 1951) and a sum of Rs. 9701/7/- was found due against the defendant. The latter expressed his inability to repay the amount found due. Thereupon the old Khata was squared up, a sum of Rs 8/7/-was paid in cash by the defendant, and so for the balance of Rs. 9700/- he executed a promissory note in favour of Mst. Gulabkanwar, and this amount was stated in the promissory note to have b

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