(1.) THIS second appeal arises out of the Judgment and Decree dated 10.03.2008 in A.S. No. 74 of 2007 on the file of the Principal Sub -Court, Mayiladuthurai, confirming the Judgment and Decree dated 13.07.2007 in O.S. No. 307 of 2004 on the file of the District Munsif Court, Sirkali.
(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, D.W.1 to D.W.4 and Exs.A1 to A4 and Exs.B1 to B9, decreed the suit as prayed for in the plaint. Aggrieved against the judgment and decree of the trial court, the defendant preferred an appeal in A.S. No. 74 of 2007 on the file of the Principal Sub -Court, Mayiladuthurai.