JUDGMENT

P. Sathasivam, J. —

1) Leave granted.

2) This appeal is directed against the final judgment and order dated 01.09.2009 passed by the High Court of Punjab & Haryana at Chandigarh in FAO No. 72-M of 2006 (O & M) whereby the High Court allowed the appeal filed by the respondent herein and set aside the judgment and decree passed by the Additional District Judge-I, Faridabad in favour of the appellant herein.

3) Brief facts:

(a) The appellant is a pilot with the Indian Air Force and was posted as Pilot Officer at Hakimpet (Hyderabad) in April, 1997. In the last week of April, 1997, the appellant was traveling by train from Delhi to Hyderabad wherein the respondent also happened to be traveling and at which time she introduced herself as Bhavana and claimed to be the Vice Principal of St. Peters Convent, Vikas Puri, New Delhi and a journalist. During the conversation, respondent claimed to be a spinster, aged 27 years and disclosed that she was traveling to Hyderabad in connection with a book she was writing on Anglo Indians. Much later the appellant learnt that she had visited Hyderabad for appearing in her B.A. examination from Osmania University.

(b) Subsequently, both of them