(1.) This suit was disposed of by me vide judgment dated 4th Sept., 1981. Subsequently the defendant made an application being I. A. 2951/81 for rehearing of arguments on issues other than issues 1 & 2. The said application was allowed vide order dated 6th October, 1981 on the concession made by counsel tor the plaintiff and as such the aforesaid judgment and the decree were recalled except as regards findings on issues 1 & 2.
(2.) I have heard the counsel for both the parties at great length. Since all the material facts and pleadings of the parties have been set out in considerable details in my aforesaid judgment dated 4th Sept., 1981, I need n recapitulate the same in this judgment and it shall be read in continuation of the same.
(3.) Issues 3, 4 & 5 : All these issues, being closely interlinked, can be conveniently dealt with together.