(1.) The appeal is directed against the judgment and decree passed by the learned Civil Judge (Senior Division), Chikodi, in RA No.76/1999 wherein the appeal came to be allowed with costs and the suit of the plaintiff was decreed as prayed for in the following terms:
(2.) Earlier to it, the learned Principal Civil Judge (Junior Division) and JMFC, Chikodi (hereinafter referred as 'trial Court') in O.S.No.267/988 has decreed the suit in part and the operative portion is as under:
(3.) This appeal under Sec. 100 of the Code of Civil Procedure, 1908, being a Regular Second Appeal, was admitted on the following substantial questions of law: