(1.) THESE second appeals arise out of the Judgment and Decree made in A.S. No. 173 of 2004 and A.S.ANo. 96 of 2006 on 18.07.2007 on the file of the Principal District Judge, Chengalpattu and the Judgment and Decree dated 28.11.2003 in O.S. No. 734 of 2001 on the file of the Additional Subordinate Judge, Chengalapptu.
(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, D.W.1 and Exs.A1 to A4, dismissed the suit and directed the defendant to pay to the plaintiff the advance amount of Rs.30,000/ - with interest @ 9% p.w. from the date of agreement to the date of decree and thereafter at 6% p.a. after the date of decree till the date of realisation. Aggrieved against the judgment and decree of the trial court, the plaintiff preferred an appeal in A.S. No. 173 of 2004 and the defendant preferred an appeal in A.S. No. 96 of 2006 on the file of the Principal District Court, Chengalpattu.