(1.) This appeal is directed against the judgment and order of the High Court of Judicature at Madras dtd. 22/4/2009 passed in S.A.No.10 of 2005. The judgment impugned in turn was passed in a first appeal preferred against judgment and decree dtd. 3/12/2003 passed by the Additional District Court-cum-Chief Judicial Magistrate, Fast Track Court No.V, Chengalpattu in A.S.No.35 of 2001 which confirmed the judgment and decree dtd. 13/9/2001 of the Subordinate Judge, Tiruvallur in O.S.No.89 of 1995.
(2.) The brief facts, putting the controversy in context are :-
(3.) The Trial Court framed the following issues: