(1.) The plaintiff is the appellant and the defendant is the respondent. The second appeal is filed against the judgment and decree of the learned Principal District Judge, Salem in A.S.No.41 of 2008 dated 31.10.2008 modifying the decree and judgment in O.S.No.58 of 2004 on the file of the Subordinate Judge, Attur dated 06.06.2007.
(2.) The case of the appellant/plaintiff is as follows:-
(3.) The following are the allegations contained in the written statement filed by the defendant :-