(1.) THIS second appeal arises out of the Judgment and Decree dated 02.12.1998 in A.S. No. 148 of 1997 on the file of the learned Additional Subordinate Judge, Myladuthurai confirming the Judgment and Decree dated 07.08.1997 in O.S. No. 702 of 1994 on the file of the Principal District Munsif Court, Myladuthurai.
(2.) THE averments made in the plaint are as follows: -
(3.) THE Learned Trial Judge after considering the averments both in the plaint and written statement and arguments on either side counsel has framed necessary issues and on perusing the oral and documentary evidence viz., P.W.1, P.W.2 and D.W.1 and Exs.A1 to A6, Exs.B1 to B5 and Exs.C1 and C2 dismissed the suit. Aggrieved against the judgment and decree of the trial court, the plaintiff preferred an appeal in A.S. No. 148 of 1997 on the file of the Additional Sub Court, Myladuthurai.