( 1. ) THE Appellant/Plaintiff has filed the instant Second Appeal as against the Judgment and Decree dated 6/7/2005 in A.S.No.213 of 2004 passed by the learned First Additional Sub-Judge, Madurai in confirming the Judgment and Decree dated 5/1/2004 in O.S.No.10 of 2002 passed by the learned District Munsif, Thirumangalam.

( 2. ) THE PLAINT SCENARIO:- The Appellant/Plaintiff/Society is engaged in marketing the consumer items like sugar, wheat, rice etc., and also ginning cotton and decorticating the ground nut. The farmers used to bring cotton and ground nut for ginning and decorticating purposes and the Appellant/Plaintiff/Society would do the job on receiving the conversion charges only according to the quantity brought by the farmers. Earlier, practically, there has been no competition for ginning the cotton. As such the Appellant/Plaintiff/Society would invariably received large quantities of cotton and ground nuts being brought by the farmers. At that time, there would be a full time functioning of machineries being used for ginning and decorticating purposes. Also, there would be the consumption of electricity to a considerable level and even on those occasions, the m