(1.) THE second appeal arises out of the judgment and decree dated 29.10.2004 made in A.S. No. 25 of 2003 on the file of the Subordinate Court, Dharmapuri, confirming the judgment and decree dated 10.02.2003 passed in O.S. No. 49 of 1998 on the file of the District Munsif Court, Dharmapuri.
(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.3, D.W.1 & D.W.2 and Exs.A.1 to A.27 and Exs.B.1 to B.3 and Exs.C.1 and C.2, decreed the suit. Aggrieved against the judgment and decree of the trial court, the defendant preferred an appeal in A.S. No. 25 of 2003 on the file of the Subordinate Court, Dharmapuri.