HAZI ABDUL SALAM BARLASKAR Vs. RUTTONEPORE PLANTATION LTD

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.6.97 passed by the learned Civil Judge, Sr. Division No. 2, Cachar, Silchar in Money Suit No. 44/90 decreeing the suit for realisation of Rs.5,50,785.74 P with interest @ 6% per annum. Being aggrieved thereby the defendants have preferred this appeal on various grounds incorporated in the Memo of Appeal.

(2.) We have heard Shri N.M. Lahiri, learned senior counsel for the appellant and Shri P.C. Deka, learned Senior Counsel for the respondents.

(3.) Before averting to the contentions raised in this appeal, it would be necessary to reproduce here in nutshell the case of the respective parties. An agreement was entered into by the parties on 16.1.89 whereby the defendant producer and seller of green tea leaves, agreed to sell and supply the entire production of his garden in the year 1989 to the plaintiff-respondents. The price of the tea per kilogram was also fixed at Rs.2.50. The respondent also advanced a sum of Rs.2,10,000/- to the defendant-appellant free of interest.