A.S.VENKATACHALAMOORTHY, J.

The unsuccessful plaintiff in O.S.190 of 1986 on the file of Subordinate Court, Karur is the appellant herein.

2. The case of the plaintiff is that the defendant is his wife's cousin brother and that he used to visit plaintiff's father-in-law's place. On one such occasion, during the year 1981, the defendant approached the plaintiff for some loan as he desired to start a new business. According to the plaintiff, the defendant in fact asked the plaintiff to join the business, which he intended to start, at Palani. In or about July, 1981, plaintiff expressed his willingness for starting carpet business at Palani. Thereafter on 19.8.1981, the defendant came to Karur and asked plaintiff to give Rs.25,000/- for purchasing materials for manufacturing carpets, namely, looms, yarn, etc. The further case of the plaintiff is that even though at that time he did not have the necessary funds, with a view to help the defendant, he (plaintiff) borrowed Rs.15,000/- from one Kandasamy and Rs.10,000/- from one Periasamy and paid the same to the defendant on 19.8.1981 at Karur. At the time of payment, one A.Chinnappa Gounder was also present. After receiving the