(1.) This appeal is preferred by the defendant No.2 challenging the judgment and decree dtd. 29/10/2005 in R.A.No.146/2001 on the file of the District Judge, Bagalkot[hereinafter referred to as 'First Appellate Court'] dismissing the appeal and confirming the judgment and decree dtd. 22/11/2000 in O.S.No.24/1984 on the file of the Principal Civil Judge (Sr.Dn.), Jamkhandi[hereinafter referred to as 'Trial Court'], decreeing the suit of the plaintiff in part.
(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court.
(3.) The facts in nutshell as averred in the plaint by the plaintiff are that: