(1.) The present second appeal is filed by the appellant challenging the final judgment and order delivered by the Additional District Judge, Nashik in Civil Appeal No.326 of 1995 who allowed the appeal of the respondent arising out of the judgment and order passed by the IXth Joint Civil Judge, Nasik dismissing the suit being Regular Civil Suit No.900 of 1981 filed by the respondent.
(2.) The present appellant is the original defendant and the respondent is the original plaintiff in Regular Civil Suit No.900 of 1981. For the sake of convenience, I am referring the parties as plaintiff and defendant.
(3.) The facts giving rise to this second appeal are as under :