1. This second appeal is focussed by the original first defendant, animadverting upon the judgement and decree dated 22.01.2010 passed in A.S.No.628 of 2007 by the Additional District Judge, Second Fast Track Court, Chennai, reversing the judgment and decree of the XVIII Assistant Judge, City Civil Court, Chennai in O.S.No.107 of 2006. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

2. Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The plaintiff filed the suit seeking the following reliefs:

(i) To grant Rs.4,37,860/- along with interest at 12% per annum from the date of filing of this suit till decree and thereafter till payment; and

(ii) for costs.(Extracted as such)

(b) The first defendant filed the written statement resisting the suit.

(c) Whereupon the trial Court framed the issues.

(d) During trial, on the side of the plaintiff, P.Ws.1 to 3 were examined and Exs.A1 to A28 were marked. On the side of the defendants, one Mr.Mahesh Pralhad Joshi was examined as D.W.1 and Exs.B1 to B4 were marked.

(e) Ultimately the tri