(1.) This appeal has impugned the judgment and decree dated 05.02.2000 which had reversed the finding of the Trial Judge dated 14.05.1999. The Trial Judge vide its judgment and decree dated 14.05.1999 had dismissed the suit of the plaintiff. The impugned judgment had reversed this finding thereby decreeing the suit of the plaintiff.
(2.) Briefly stated the factual matrix of the case is as follows:
(3.) This is a second appeal on 10.05.2000; the appeal had been admitted and the following substantial questions of law were formulated which inter alia reads as follows: