B C KALASETTY Vs. MYSORE TOBACCO CO LTD

JUDGEMENT

(1.) This appeal by the defendant is directed against the judgment and decree dated 10-2-1975 passed by the Addl. Civil Judge, Mysore, in RA No. 145 of 1967 on his file, dismissing the appeal and cross-objections with costs, on confirming the judgment and decree dt. 19-4-67 passed by the Munsiff, Nanjangud, in OS No. 628 of 1965 on his file, decreeing the suit of the plaintiff as prayed for.

(2.) The plaintiff averred that on or about Septr., 1959, the defendant agreed to grow and supply cured tobacco to the plaintiff and received an advance cash and materials of the total value of Rs. 1,682-72 P. for construction of a tobacco curing barn, seedlings and manure, on credit, on several dates as per the statement of accounts and vouchers furnished along with the plaint.

(3.) Pursuant to the agreement, the defendant also executed a written agreement dt. 29-9-1959 to the same effect. The defendant, however, in spite of demand did not pay the balance due from him. Hence,, the plaintiff instituted the suit for recovery of the said amount amounting to Rs. 1,674-66 P. Rs. 1,034-66 is the balance due and Rs. 640 is interest by way of damages at 12% per annum from 31-3-1960 till the date of realisation.