(1.) THE appellant (defendant) had suffered money decree before the trial court. Therefore, he was before the I -appellate court in R.A. No. 103/2010.
(2.) THE learned judge of I -appellate court on reappreciation of evidence has confirmed the findings of the trial court. Therefore, the defendant is before this court.
(3.) THERE are concurrent findings of the courts below that plaintiff and defendant were friends, both of them had worked in PWD Department and retired as Assistant Executive Engineers. After retirement, the defendant started contract work and he was also owning JCB and Tractors.