(1.) THE second appeal arises out of the judgment and decree dated 10.02.2006 made in A.S. No. 158 of 2005 on the file of the Additional Sub -Court, Salem, modifying the judgment and decree dated 06.07.2005 made in O.S. No. 879 of 2004 on the file of the Principal District Munsif Court, Salem.
(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 to P.W.6, D.W.1, D.W.2 and Exs.A1 to A24 and Exs.B1 to B13 and Courts' Exhibits X1 to X6, Exs.C1 and C2 and dismissed the suit. Aggrieved against the judgment and decree passed by the trial court, the plaintiffs preferred an appeal in A.S. No. 158 of 2005 on the file of the Additional Sub -Court, Salem.