(1.) This appeal by the plaintiff is directed against the judgment and decree dated 15-10-73 passed by the 4th Additional District Judge, Indore in Civil First Appeal No. 59-A of 1972 arising out of the Judgment and decree dated 19-9-1972 passed by the 5th Civil Judge, Class II, Indore in Civil Suit No. 161-A of 1970.
(2.) The material facts are as follows :
(3.) Having heard the learned counsel for the parties 1 have come to the conclusion that this appeal deserves to be allowed.