1. Heard Mr. S.K. Ghosh, learned counsel appearing for the appellant. Also heard Mr. A.C. Sarma, learned counsel representing the respondent.

2. This appeal filed under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 31-08-2001 passed by the court of learned Civil Judge (Senior Division) No. 2, Cachar, Silchar in Money Suit No. 19/1984, partly decreeing the suit of the respondent/plaintiff for an amount of Rs. 5,62,919.69/-. The appeal has been preferred by the defendant No 1.

3. The Plaintiff’s case, in brief, is that the plaintiff M/s. Bengal Tea and Industries Ltd. was the owner of Paloi Tea Estate whereas the defendant No. 1 was the lessee in respect of Rahman Nagar Tea Estate. The plaintiff had been purchasing green leaf leafs from the defendant No. 1 by entering into bilateral agreements from time to time. Accordingly, the original plaintiff viz. M/s Bengal Tea and Industries Ltd. a public limited company, and the appellant/ defendant No. 1 had entered into an agreement dated 04-02-1983, inter alia, laying down the terms and condition