This first appeal arises out of the judgment and decree dated 27.8.90 passed by the learned Assistant District Judge, Tinsukia in Money Suit No.110 of 1986. By the impugned judgment and decree the learned Assistant District Judge decreed an amount of Rs. 71,050/- being the amount of damage of Rs.59,400/-+ 18% interest on it being the amount of Rs. 10,990/- and Rs.6,660/- the interest of Rs. 10,000/- for the security money for sometime.

2. The admitted position in this case is that the plaintiff entered into an agreement with the defendant No.l for supply of 4 wagons of Rapseed Oil by two contracts, that is, one is RRT 4 and the other is RRT 8. The further admitted position is that according to the terms of the contract against each contract a security deposit of Rs. 10,000/- is to be made. But in this particular case security deposit of Rs. 10,000/- was made towards one contract only and the Contract No. RRT 4 was executed by the defendant No.l. But with regard to contract No. RRT 8, that was not performed by the defendant No.l on the ground of security not being given. But it appears from Ext.5, the letter of the Broker, defendant No.2 through whom the contract was made, that was s

Click Here to Read the rest of this document