(1.) This Original Side Appeal is directed against the Judgment and Decree, dated 19.08.2006 of the learned single Judge made in C.S.No.701 of 2003.
(2.) The appellant is the first defendant. The first respondent passed away during the pendency of the appeal and his legal heirs have already been on record as respondents 2 to 5.
(3.) The plaint averments are as follows :