Ramaprasada Rao, J. - These two appeals arise out of two original suits, O.S. Nos. 290 and 299 of 1970, on the file of the Court of the Subordinate Judge of Madu-rai. They are connected in the sense that the plaintiff in one suit (O.S. No. 290 of 1970) is the husband of the plaintiff in the other (O.S. No. 299 of 1970) and the defendants are common. For the purpose of convenience, We shall take up Appeal No. 260 of 1971 which is against the judgment and decree in O.S. No. 290 of 1970. The plaintiff’s case that defendant’s 2 and 3, partners of the first defendant, Sri Devi Talkies, borrowed a sum of Rs. 55,000 on 26th February, 1970 gave a bearer cheque on the Thanjavur Permanent Bank limited for the said amount, undertook to repay the amount within a few days thereafter and gave an assurance to the plaintiff that the cheque (Exhibit A-1) given by them could be presented for encashment after seventeen days. In furtherance of the assurance, as also in evidence of the borrowing, the defendants executed a letter Exhibit A-3, which also bears the same date as the bearer cheque. Under Exhibit A-3 the defendants unconditionally acknowledged that they had discounted the cheque for Rs. 55,0

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