(1.) Being aggrieved and dissatisfied by the concurrent findings arrived by learned Courts below, in Regular Civil Appeal No.36 of 2002, whereby, learned Extra Assistant Judge, Veraval dismissed the appeal confirming the judgment and decree drawn in Regular Civil Suit No.224 of 1989 by learned Civil Judge, Veraval, by which suit of the plaintiff was dismissed, the plaintiff has filed present Second Appeal under Sec. 100 of Code of Civil Procedure, 1908 (for short 'CPC').
(2.) In the body of this judgment for sake of brevity, the parties are referred to their original status i.e. plaintiff and defendant.
(3.) Facts essential to decide this Second Appeal are as under :-