(1.) This Appeal was admitted to determine the following law points raised in challenging the impugned judgment and decree dated 27-11-95 and 11-12-95 respectively of the Court of First Additional District Judge, Berhampur.
(2.) Upon hearing the parties and most fair submissions made at the Bar on the law involved it is found that the appeal can be disposed of only on the above quoted point Nos. 1 and 2
(3.) Before dealing with the aforesaid legal aspect, the facts, in brief, are stated thus:-