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 conditions for purchase of green tea leafs by the plaintiff from the defendant No. 1 whereby and whereunder, the defendant No. 1 had agreed to sell green tea leafs to the plaintiff during the period from 01-04-1983 to 31-12-1983, the total quantity being 3,20,000 k.g. Under the said agreement, the plaintiff had agreed to purchase the said quantity of green tea leafs for the aforesaid period @ Rs. 1.85 per k.g. Prior to entering into the said agreement, the plaintiff had advanced an amount of Rs. 11,000.00 per week during the period from 24-01-1983 to 31-03-1983. As per the agreement dated 04-02-1983, the plaintiff had made a weekly advance of Rs. 12,000/- on every Monday of the week which was required to be adjusted against the price of the green tea leafs to be supplied by the defendant No 1. It was also agreed to by and between the parties that after adjustment of all the advances paid by the plaintiff under the said agreement, the defendant would be entitled to the actual market price of the green tea leafs but if there was any outstanding balance of unadjusted advance amount paid by the plaintiff even after supply of the aforesaid 3,20,000 kgs. green tea leafs, the defendant No. 1 would supply green tea leafs at the same rate until full and final adjustment of the advanced amount. It was also agreed by the parties that the plaintiff would hold a lien over the entire tea crops of the defendant’s Tea Estate for the year 1984 until the advance amount paid by the plaintiff was fully liquidated and until full and final adjustment of the advance amount, the green tea leafs of the defendant Tea Estate of 1984 season would stand hypothecated to the plaintiff. Besides the above, an amount of Rs. 46,137.24/- which was the outstanding balance of the advance amount payable by the defendant No. 1 to the plaintiff for the previous season was also to be treated as carried forward advance component under the agreement dated 04-02-1983 and the said amount was also be added to the total advance amount to the credit of the plaintiff. Besides the cash component as mentioned above, the parties to the agreement had also agreed that 7 begs of ‘ata’ and 3 bags of ‘rice’ would be supplied by the plaintiff to the defendant from 01-04-1983 onwards and the price of the said articles shall also stand adjusted against the weekly payments on account of green tea leafs as per the agreed rate.

4. As per the agreement dated 04-02-1983, the parties had also agreed that the defendant No. 1 would not have any right to operate his factory, save and except on every Wednesday, until such time the advance paid by the plaintiff stood fully adjusted against the green tea leafs. In terms of the aforesaid agreement the defendant No. 1 began to supply the green tea leafs to the plaintiff company again