(1.) THIS appeal has been preferred against the Judgment and decree in A.S.No.3 of 1996 on the file of the Court of Subordinate Judge of Nilgiris at Ootacamund. The defendants in O.S.No.18 of 1986 are the appellants herein. The learned trial Judge has dismissed the suit against which the plaintiff has preferred an appeal in A.S.No.3 of 1996 before the learned Subordinate Judge of Nilgiris at Ootacamund, who has allowed the appeal setting aside the decree and judgment of the learned trial Judge in O.S.No.18 of 1986. Hence the defendants are before this Court.
(2.) THE short facts in the plaint relevant for the purpose of deciding this appeal sans irrelvant particulars are as follows:
(3.) THE second defendant has filed a written statement contending as follows: