MARIANO FERNANDES Vs. GREGORIO FERNANDES

JUDGEMENT

(1.) This is defendant's Second Appeal challenging the appellate decree dated 9th December, 1987 in Regular Civil Appeal No. 7/1987, which was instituted by the defendant himself against the judgment and decree made against him on 31st January, 1987 in Regular Civil Suit No. 88/78 by the trial Court.

(2.) At the time of admission of this appeal the following questions were formulated as substantial questions of law.-

(3.) To better appreciate the controversy involved it is advantageous to record some admitted facts in the background of an agreement dated 1st July, 1950 executed by the parties and facts that led to the institution of the suit.