(1.) The appellant herein (connected with O.S.No.162 of 2009 of Principal Junior Civil Judge's Court, Kakinada) is the plaintiff in O.S.No.162 of 2009 and the respondent herein is the defendant in the said suit. The defendant herein filed another suit vide O.S.No.239 of 2009 against the plaintiff herein. The learned Principal Junior Civil Judge, Kakinada, clubbed both the suits and tried together and passed a common judgment against which, A.S.Nos.105 and 112 of 2012 are filed by the respective plaintiffs in both the suits and both these appeals were dismissed by confirming the judgment of the trial Court by the IV Additional District Judge, Kakinada, by passing common judgment dtd. 7/2/2020. Aggrieved against the judgment and decree passed in O.S.No.162 of 2009 (connected with A.S.No.105 of 2015), this second appeal is preferred by the plaintiff. No second appeal is preferred against the judgment and decree passed in O.S.No.239 of 2009 (connected with A.S.No.112 of 2015).
(2.) The case of the plaintiff as narrated in the plaint, in brief, is as follows:
(3.) Brief averments in the written statement filed by the defendant are as follows: