(1.) This appeal is directed against the judgment and decree passed by the first appellate Court in A. S. No. 88 of 2004 dated 7.2.2005 in confirming the judgment and decree passed by the trial court in O. S. No. 74 of 2001 dated 21.7.2004 in dismissing the suit without costs.
(2.) The plaintiff is the appellant and the defendant is the respondent in this appeal.
(3.) The case of the plaintiff before the trial court as stated in the plaint would be thus: