TEA BOARD Vs. PEERMADE TEA CO. LTD.

JUDGEMENT

(1.) The instant suit is filed by the Plaintiff praying for declaratory decree, return of machineries alternatively money decree for a sum of Rs.7, 01,274.54p. along with damages.

(2.) The Plaintiff is a statutory body established under the provisions of Tea Act, 1953 for the purpose of improving production of tea. The Plaintiff had a scheme known as "Tea Machinery Hire Purchase Scheme" whereunder the tea garden owners take on hire from the Plaintiff equipments and machineries.

(3.) The Defendant is the owner of a tea garden known as Cheenthalar Tea Estate situated at Pasuppara village in the district of Idukhi in the State of Kerala. The parties entered into and executed a hire purchase agreement whereunder certain machineries and equipments were to let out to the Defendant on hire purchase basis. The Defendant selected the manufacturer from which supplies were to be made. The hire purchase agreement was executed on 31/1/1978. Supplies were to be made to the Defendant on terms and conditions of the agreement. This agreement was executed in the office of the Plaintiff at Calcutta, within jurisdiction of this Court.