KALYAN MUKHERJEE Vs. RA­HUT SYNDICATE

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure is against an order dated 11/11/1989, passed by the Lower Appellate Court affirming the order passed by the trial Court on 26/09/1989.

(2.) The revisionist had instituted a suit No. 187 of 1989 on or about 25/09/1989, inter alia, against Rahut Syndicate in the Court of the Munsif at Jalpaiguri for specific performance of an alleged agreement dated 26/08/1989 said to have been entered into by and between the revisionist, as Manager of Raja Tea Estate and representing Abhijit Tea Co. Private Limited on one hand and Kalyan Kumar Rahut, a partner of Rahut Syndicate, who allegedly signed on behalf of Rahut Syndicate. In the said suit the revisionist sought for a mandatory injunction against Rahut Syndicate for supply of 10,000 Kgs. of green leaves produced at Anandpur Tea Estate to Raja Tea Estate, a permanent injunction restraining Rahut Syndicate from selling any green leaves to any party without first supplying 10,000 Kgs. of green leaves to Raja Tea Estate and for other consequential reliefs.

(3.) It is the case of the revisionist that opposite party being in need of funds approached the revisionist for financial accommodation and an agreement was entered into between the revisionist and the opposite party. On such agreement being entered the revisionist paid Rs. 1,00,000.00 to the opposite party and further from time to time duly advanced money according to the requisition of opposite party and also paid the bills of the opposite party for supply of green leaves.