V RAJAMANI Vs. CO OPERATIVE SUGARS LTD

JUDGEMENT

(1.) Both the L.P.A. and the C.R.P. arising out of one suit they can be disposed of hi one common judgment.

(2.) The defendant is the appellant in the Letters Patent Appeal and the petitioner in the Civil Revision Petition. The plaintiff, the Co-operative Sugars Ltd. Chittur, filed the suit for recovery of a sum of Rs. 17,500. According to the plaintiff the defendant on 6-12-1969 agreed to supply 250 tons of sugarcane in the 1970 special season commencing from 15-6-1970 and again on 25-5-1970 he agreed to supply 100 tons of sugarcane in the 1970-71 main season commencing from October, 1970, to the plaintiff from the sugarcane grown in his fields. It was further agreed that in case the defendant fail to do so he would pay the plaintiff a penalty of Rs. 50 for every ton. The defendant failed to supply sugarcane as agreed and therefore he is liable to pay the plaintiff a total penalty of Rs. 17,500.

(3.) The defendant denied that he entered into any agreement with the plaintiff as alleged and the alleged agreement is not genuine. He also pleaded that the suit is barred by limitation. He further pleaded that the suit is barred by Co-operative Societies Act.