(1.) The defendant is the appellant in the present second appeal. Plaintiff filed OS. No.518/64 in the Court of the Additional Munsitf, Mangalore, S.K. The learned trial Judge by his judgment dt.31-8-1967 decreed the plaintiff's suit.
(2.) The correctness of this decision was challenged before the Civil Judge at Mangalore in RA.No.17/1967. The learned appellate Judge, who heard the appeal, by his judgment dt.20-3-1969 has allowed the appeal, set aside the decision of the trial Court and dismissed the plaintiff's suit.
(3.) It is the correctness of this judgment and decree of the learned appellate Judge that is "challenged in this second appeal.