ABHAY MANOHAR SAPRE,J. - (1.) This appeal is filed by defendant No.1 against the final judgment and order dated 30.12.2005 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Second Appeal No. 743 of 2004 whereby the High Court allowed the second appeal filed by the plaintiff and set aside the judgment and decree dated 24.03.2004 passed by the Additional District Judge (FTC), Karimnagar in A.S. No. 34 of 1999 and confirmed the judgment and decree dated 26.03.1999 passed by the Principal Junior Civil Judge, Karimnagar in O.S. No. 338 of 1994.
(2.) We herein set out the facts, in brief, to appreciate the issue involved in this appeal.
(3.) The appellant herein is defendant No.1, respondent No.1 is the plaintiff (since dead) and respondent No. 2 is defendant No.3 (son of late defendant No.2) and respondent No.3 is the wife of defendant No.2. Defendant No.2 died during the pendency of the case before the High Court and his legal representative is respondent No.3 herein.;