(1.) The respondent having filed a caveat, had voluntarily taken notice in the second appeal before it was admitted and based on the representations made on both sides, the matter was referred to permanent Lok Adalat attached to the High Court of Madras and the attempt made for settlement in the permanent Lok Adalat resulted in a failure. Thus the matter stands listed today before this court. The second appeal has not yet been admitted. Still the counsel for both the parties have submitted that the appeal can be disposed of after hearing both sides and based on the materials available, if it is possible. As such, the arguments advanced by Mr.B.Manoharan, learned counsel appearing on behalf of the appellant and by Mr.T.S.Baskaran, learned counsel appearing on behalf of the respondent were heard. The materials produced in the form of typed set of papers were also perused.
(2.) The admitted facts are as follows:-
(3.) The appellant herein/plaintiff bases his claim on the following averments: