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2017 Supreme(Tri) 102

S.TALAPATRA
Surana Motors Pvt. Ltd. – Appellant
Versus
Rani Saha, wife of Sri Motilal Saha – Respondent


Advocates Appeared:
For the Appellant :Mr. A. K. Bhowmik, Sr. Advocate, Ms. M. Choudhury, Advocate
For the Respondents:Mr. R. R. Datta, Advocate, Mr. S. Pandit, Advocate

Judgment and Order :

1. This is an appeal under section 100 of the CPC from the judgment dated 19.08.2013 delivered in Title Appeal No. 29 of 2011 by the Additional District Judge, West Tripura, Agartala [Court No.3]. By the said judgment, the judgment dated 21.05.2011 delivered in Title Suit No. 77 of 2001 by the Civil Judge, (Sr. Division, West Tripura, Agartala, Court No. 2, has been affirmed.

2. The suit is instituted by the respondent No. 1 herein for declaration, realization of compensation and damages as the consequential reliefs. The admitted position is that the respondent No. 2, the defendant No. 1 in the suit is a company incorporated under the Companies Act. The said defendant No. 1 is a reputed manufacturer of different models of vehicles and it sells the vehicles to its prospective buyers either on payment of cash or under hire-purchase scheme. It is further admitted that the plaintiff and the defendant No. 1 entered into the hire-purchase agreement on 25.01.1994 on various conditions including that after making initial payment of Rs. 97,670/- , the first instalment to the extent of Rs. 17,001/- shall be paid by 24.03.1994 and the instalments as agreed upon at Rs. 16,80














































































































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