(1.) THIS appeal has been preferred by the defendant -appellant against the decree passed by the Addl. District Judge, Shajapur, in Civil Appeal No. 36 -A of 1972, decided on 31 -1 -1973, where in the learned Judge dismissed the appellant's appeal and maintained the judgment and decree passed by the Civil Judge, Class II, Shajapur, in Civil Suit No. 122 -A of 1963, decreeing the suit filed by respondent No. 1, plaintiff.