M.A. Sathar Sayeed, J.

1. The plaintiff, who has lost in both the Courts below has filed the above second appeal.

2. The facts of the case are discussed in detail by the Courts below and it is unnecessary for me again to go in detail about the same in this second appeal. For the disposal of this appeal, the following facts are sufficient.

3. O.S.No. 31 of 1951 was filed by one Chandalankara Nainar against Chandranatha Nainar, Baradaraju Nainar, Badrabagu Nainar and one Vasantharai Ammal, for the recovery of the amount due on a promissory note executed in his favour. The suit was decreed. In the present suit O.S. No. 3 of 1971, against which the above second appeal arises, Badrabagu Nainar to the first defendant and his mother Vasantharai Ammal is the second defendant. Defendants 1 and 2 in that suit are brothers. The first defendant herein is the son of the first defendant in O.S. No. 31 of 1951. Defendants 3 and 4 herein are the sons of the first defendant herein and all of them constituted members of a Hindu joint family. Badraraju Nainar the second defendant in that suit died and his heirs who are defendants 5 and 6 are impleaded herein.

4. In pursuance of the decree obtained b