(1.) The judgment and decree, dated 16.6.2003 and made in A.S. No. 50 of 2001 on the file of the learned Subordinate Judge, Sankari, confirming the judgment and decree dated 28.3.2001 and made in O.S. No. 96 of 1998 on the file of the learned District Munsif, Sankari, are under challenge in this memorandum of second appeal. The appellant is the defendant in the suit in O.S. No. 96 of 1998, whereas the respondent is the plaintiff.
(2.) For easy reference and for the sake of convenience, the appellant may hereinafter be referred to as the defendant and the respondent be referred to as the plaintiff wherever the context so require.
(3.) The necessary facts leading to the filing of the suit are as under: