JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of the Civil Procedure Code, against the judgment and decree dated 10.06.2009 made in A.S.No.52 of 2007 on the file of the learned Principal District Judge, Vellore, Vellore District, reversing the judgment and decree dated 28.12.2006 made in O.S.No.112 of 2003 on the file of the learned Subordinate Judge, Gudiyatham, Vellore District.)

1. The first defendant in O.S.No.112 of 2003, on the file of the learned Subordinate Judge, Gudiyatham, is the appellant herein. Before the said Court, the first respondent herein filed the above referred suit, as against the appellant and the second respondent, seeking the relief of direction, directing to the defendants to pay the suit amount of Rs.1,20,500/- with future interest at the rate of 24% per annum and for costs.

2. By judgment and decree dated 28.12.2006, the learned Subordinate Judge, Gudiyatham, had dismissed the suit with entirety.

3. Aggrieved over the said findings, the plaintiff preferred an appeal, in A.S. No.52 of 2007 on the file of the learned Principal District Judge, Vellore. By judgment and decree dated 10.06.2009, the learned Principal District Judge, Vellore, had al