Patanjali Sastri, J.

1. These two second appeals arise out of two connected suits tried by the Court of the Subordinate Judge, Tenali. As the parties were differently arrayed in the suits it will be convenient to refer to them according to their description in the cause-title of the main suit, O.S. No. 61 of 1940, which was brought for possession with mesne profits of certain lands of the plaintiff sold during his minority by his natural father acting as his guardian. The first defendant was the vendee and defendants 2 to 5 are his sons.

2. The plaintiffs adoptive father, Chelamayya Chowdari, carried on dealings with the first defendant a money lender, and for the amount due in respect of such dealings executed a promissory note (Ex. D-7) for Rs. 1,465-3-5 on 5th June, 1923. He died in January, 1925, leaving him surviving his widow Srikrishnamma, whom he had authorised to make an adoption, and she accordingly adopted her sisters son, the plaintiff, who was then a minor. On 16th April, 1925, she executed for herself and on behalf of her son as his guardian a promissory note for Rs. 4,540-6-8 in favour of the first defendant. The note (Ex. D-6) recited that a sum of Rs. 2,480-6