JAGSBIR SINGH Vs. INTERNATIONAL ENGINEERS

JUDGEMENT

(1.) JAGSIR Singh appellant was the owner of 80k -16m of land situate in village Kabulshah Khuban which he used to cultivate along with his father Pala Singh. Respondents No.2 and 3 were the manufacturers of pesticides which he used to sell through respondent No.1. The appellant was allured by the respondents that the quality of pesticides produced by respondents No. 2 and 3 and sold by respondent No.1 was good. On their representation, the appellant purchased endocel 35% (5 litres) and ripcord 10% (1 litre) from respondent No.1 on 17.7.2001 for an amount of Rs.1,260.

(2.) IT was further pleaded that as per the instructions of respondent No.1, the appellant sprayed 1/2 litres of pesticides from endocel and 100 ml. pesticides from ripcord per acre as per the specifications of respondents No.2 and 3. The said spray was made in 3 acres of land on 20.7.2001 and 5 -6 days thereafter, the appellant noticed that the Narma crop of the appellant had withered in which this pesticides was sprayed by him.

(3.) IT was further pleaded that the appellant informed respondent No.1 on 28.7.2001 about the harmful affect of pesticides on the crops of the appellant but the respondents ensured that they would do the needful. Respondent No.1 was again reminded on 29.7.2001 and 30.7.2001. On 1.8.2001, the appellant personally went to the shop of respondent No.1 and requested him to do something to save the crops but to no effect and told him that the Narma crop of the appellant has withered due to spray of 2 -4 -D and the drummi was emptied. Respondent No.1 advised the appellant to spray Neela Thotha and Kali on the affected crops and also to cut the Tusse (unwanted branches of the plants). He also in his presence got sprayed 3 lines of Narma crop and promised to come again 3 -4 days afterwards.