(1.) Present Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the appellants - original appellants / defendant against the judgement and decree dtd. 07/10/2022 passed by the learned Principal District Judge, Tapi in Regular Civil Appeal No.2 of 2018, by which the learned first appellate court dismissed the appeal confirming the judgement and decree dtd. 12/04/2017 passed by the learned 2 nd Additional Senior Civil Judge, Vyara in Regular Civil Suit No.53 of 2013, by which the learned Civil Judge partly allowed the suit.
(2.) The appellate Court framed the following Issues :-
(3.) Heard Mr.N.V. Gandhi, learned advocate for the appellant.